Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations 17603 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 0023.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34) (g), of the Instruction. This rule 

involves the establishment of a safety 

zone around a pyrotechnics display 

barge. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add new temporary zone 

§ 165.T11–175 to read as follows: 

§ 165.T11–175 Safety zone; Sea World 

Spring Nights; Mission Bay, San Diego, 

California. 

(a) Location. The limits of the safety 

zone will include a 600 foot radius 

around the barge in approximate 

position 32°46’03’’N, 117°13’11’’W. 

(b) Enforcement Period. This section 

will be enforced from 8:30 p.m. to 9:30 

p.m. on April 4, 2009 through April 19, 

2009. If the event concludes prior to the 

scheduled termination time, the Captain 

of the Port will cease enforcement of 

this safety zone and will announce that 

fact via Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

designated representative, means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated on-scene representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Sector San Diego Command Center. The 

Command Center may be contacted on 

VHF–FM Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: April 2, 2009. 

T.H. Farris, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. E9–8760 Filed 4–15–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 070719384–9260–05] 

RIN 0648–AV80 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Amendment 30B 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement Amendment 30B 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 establishes annual catch 

limits (ACLs) and accountability 

measures (AMs) for commercial and 

recreational gag, red grouper, and 

shallow-water grouper (SWG); 

establishes a commercial quota for gag; 

adjusts the commercial quotas for red 

grouper and SWG; removes the 

commercial closed season for SWG; 

establishes an incidental bycatch 

allowance trip limit for commercial gag 

and red grouper; reduces the 

commercial minimum size limit for red 

grouper; reduces the gag bag limit and 

the aggregate grouper bag limit; 

increases the red grouper bag limit; 

extends the closed season for 

recreational SWG; eliminates the end 

date for the Madison-Swanson and 

Steamboat Lumps marine reserves; and 

requires that federally permitted reef 

fish vessels comply with the more 

restrictive of Federal or state reef fish 

regulations when fishing in state waters. 

In addition, Amendment 30B 

establishes management targets and 

thresholds for gag consistent with the 

requirements of the Sustainable 

Fisheries Act (SFA); sets the gag and red 

grouper total allowable catch (TAC); and 

establishes interim allocations for the 

commercial and recreational gag and red 

grouper fisheries. This final rule is 

intended to end overfishing of gag and 

maintain catch levels of red grouper 

consistent with achieving optimum 

yield. 

DATES: This rule is effective May 18, 

2009. 

ADDRESSES: Copies of the final 

regulatory flexibility analysis (FRFA) 

may be obtained from Peter Hood, 

NMFS, Southeast Regional Office, 263 

13th Avenue South, St. Petersburg, FL 

33701. 

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 28, 2008, NMFS 

published a notice of availability of 

Amendment 30B and requested public 

comments (73 FR 63932). On November 


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18, 2008, NMFS published the proposed 

rule to implement Amendment 30B and 

requested public comments (73 FR 

68390). NMFS approved Amendment 

30B on January 23, 2009. The rationale 

for the measures contained in 

Amendment 30B is provided in the 

amendment and in the preamble to the 

proposed rule and is not repeated here. 

Comments and Responses 

NMFS received 30 public comments 

on Amendment 30B and the proposed 

rule, including 27 comments from 

individuals, 2 from government 

agencies, and 1 from a nongovernmental entity. The following is a 

summary of the comments and NMFS’ 

respective responses. 

Comment 1: The science used to 

assess gag and red grouper stocks is 

questionable. Specifically, the process is 

not transparent, large swings in biomass 

are not plausible for long-lived species 

such as groupers, and there is no link 

between inshore nursery grounds for gag 

and offshore spawning of gag. 

Response: Stock assessments are 

currently conducted under the 

Southeast Data, Assessment, and 

Review (SEDAR) process. This process 

was initiated in 2002 to improve the 

quality and reliability of fishery stock 

assessments in the South Atlantic, Gulf 

of Mexico, and U.S. Caribbean. The 

intent of the SEDAR process is to 

improve the scientific quality of stock 

assessments, and places greater 

relevance on historical and current 

information 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. 

Each SEDAR assessment is organized 

into three workshops. The data 

workshop documents, analyzes, and 

reviews datasets to be used for 

assessment analyses. The assessment 

workshop develops and refines 

quantitative population analyses and 

estimates population parameters. The 

review workshop is conducted by a 

panel of independent experts who 

review the data and the assessment and 

recommend the most appropriate 

management measures for the assessed 

stocks. Both gag and red grouper 

assessments were conducted using this 

process. All workshops and Council 

meetings held to review these 

assessments were open to the public 

and included industry participants, 

non-governmental organizations, 

scientists and other constituents on the 

various SEDAR panels. 

In exploited long-lived populations, 

such as groupers, recruits from strong 

year classes supplement the adult 

spawning biomass until the strong year 

classes have been reduced through 

fishing pressure and natural mortality. 

This can cause fluctuations in the 

spawning stock if subsequent year 

classes are not as strong. For gag and red 

grouper, year class trends have been 

readily documented through a 

continuous series of age structure 

sampling. These data indicate strong 

recruitment years for gag in 1985, 1989, 

1993, 1996, 1999, and possibly 2000. 

Strong year classes for red grouper 

occurred in 1991, 1996, and 1999. As an 

example of how these strong year 

classes can affect fisheries, the last stock 

assessment for red grouper showed the 

red grouper component of the Gulf reef 

fish fishery has been supported by the 

1999 year-class. Red grouper abundance 

peaked in 2004, as the 1999 year-class 

fully recruited to the fishery. Since then, 

updated red grouper abundance indices 

have shown a declining trend, 

suggesting red grouper stock biomass 

may be declining. 

Linkages between inshore juvenile 

and offshore adult populations of gag 

have been well documented. The 

linkages have been shown through 

tagging studies, correlations between 

year-class population strength, and 

otolith microchemistry. These studies 

all demonstrate a movement from 

inshore nursery areas such as seagrass 

beds to adult spawning and foraging 

habitats in offshore waters. 

Comment 2: The total allowable catch 

(TAC) proposed for red grouper should 

be maintained at the current 6.56 

million lb (2.97 million kg). 

Response: Projections from the most 

recent stock assessment indicate red 

grouper stock biomass will continue to 

increase with a 7.57 million lb (3.43 

million kg) TAC, although more slowly 

than if the 6.56 million-lb (2.97 millionkg) TAC was selected. The 7.57 millionlb (3.43 million-kg) TAC represents a 

harvest at equilibrium optimum yield 

(OY). This alternative, consistent with 

national standard 1 of the MagnusonStevens Act, also accomplishes the 

Council’s intent to manage all reef fish 

species at OY levels once a stock is 

rebuilt. After completion of the next red 

grouper stock assessment, red grouper 

TAC would be set equal to equilibrium 

OY, or to the yield at FOY (fishing 

mortality at OY), whichever is less. 

As noted in the previous response, the 

red grouper component of the Gulf reef 

fish fishery is supported by a strong 

1999 year-class. In part, this strong 

recruitment affects the assessment 

projections, which indicate an increase 

in TAC allows the fishery to achieve 

OY, and these projections were certified 

as best available science by the NMFS 

Southeast Fishery Science Center 

(SEFSC). However, if the population is 

declining, as updated indices of 

abundance suggest (see previous 

response), then the assessment 

projections may be overly optimistic. 

However, the final rule sets ACLs and 

AMs for red grouper, which will 

minimize the chance of overfishing. 

Comment 3: Red grouper allocation 

should be shifted in favor of the 

recreational sector of the fishery because 

it has greater economic value. 

Response: NMFS and the Council 

recognize that determining allocations 

between the fishing sectors is a complex 

endeavor. Therefore, the Council 

established an Ad Hoc Allocation 

Committee (Committee) composed of 

Council members to examine fair and 

equitable ways to allocate Gulf 

resources between these sectors. The 

interim allocations contained in 

Amendment 30B will be in place until 

NMFS, through the recommendations of 

the Committee, can implement a 

separate amendment to allocate grouper 

resources between recreational and 

commercial sectors. 

Comment 4: Commercial grouper 

quotas fail to ensure other SWG species 

will be protected from over harvest. To 

be risk averse, a more conservative 

quota should be implemented. 

Response: The commercial SWG 

quotas contained in this final rule adjust 

the commercial red grouper quota, set a 

new commercial gag quota, and set an 

allowance for other SWGs (including 

black grouper, scamp, yellowfin 

grouper, rock hind, red hind, and 

yellowmouth grouper). The other SWG 

allowance of 0.41 million lb (0.19 

million kg) contained in this rule uses 

the baseline years 2001–2004, which is 

the original baseline used in the gag 

stock assessment. Based on landings in 

recent years and regulatory changes 

with this final rule, NMFS anticipates 

the gag or red grouper quota will be met 

and the SWG component of the fishery 

closed prior to the other SWG allowance 

being met. 

Comment 5: Longline gear should not 

be allowed in the commercial reef fish 

fishery, or at least should be further 

restricted, either by restricting 

longlining to deeper depths or by 

restricting the use of bycatch as bait. 

Response: The intent of this final rule 

is to end overfishing of gag, revise red 

grouper management measures as a 

result of changes in the stock condition, 

establish ACLs and AMs for gag and red 

grouper, co-manage SWGs, and improve 

the effectiveness of Federal management 


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measures. Additional measures 

intended to constrain commercial 

harvest, including the restriction or 

elimination of certain gear types, may be 

considered in future actions. With 

regard to using bycatch as bait, current 

regulations prohibit the use of reef fish 

as bait with the exception of dwarf sand 

perch and sand perch. 

Comment 6: Different size limits, bag 

limits, and seasonal closures should be 

implemented in the recreational sector 

of the fishery. A higher bag limit is 

favored at the cost of an increased size 

limit, along with a longer seasonal 

closure, to achieve the required 

reductions in harvest. 

Response: NMFS agrees that there are 

numerous additional management 

options available to effectively manage 

the grouper resources of the Gulf of 

Mexico. However, NMFS cannot 

substitute or add to the measures 

proposed by the Council. The selected 

combination of harvesting restrictions 

for the recreational sector of the fishery 

is intended to provide fishing 

opportunities while minimizing the 

economic impacts of the fishery closure. 

The Council can always reconsider its 

management strategy, and NMFS 

encourages the public to be actively 

involved in the Council process and 

provide suggestions to the Council for 

their deliberation. 

Comment 7: The recreational and 

commercial closed seasons and size 

limits should be the same. 

Response: Although both the 

commercial and recreational seasonal 

closures were implemented to protect 

grouper, particularly gag, the rationale 

for continuing the closures and the 

effectiveness of these closures are 

different. The existing February 15 to 

March 15 commercial closed season for 

gag, black grouper, and red grouper was 

implemented in 2001 to protect 

spawning aggregations of gag during a 

portion of their peak spawning season, 

and to reduce fishing mortality of gag 

and red grouper. It was projected that 

the closed season would reduce 

commercial gag/black grouper harvest 

by 10 percent and red grouper harvest 

by 8 percent. However, a comparison of 

1999–2000 data (when there was no 

closed season) with 2001 data (closed 

season in effect) showed the February 

through March contribution to the 

annual gag/black grouper and red 

grouper harvest reductions was only 2 

percent when the closed season was in 

effect. This was likely a result of effort 

shifting to the weeks that were open at 

the beginning of February and the end 

of March. The recreational grouper 

closure from February 15 to March 15 

was developed to reduce red grouper 

fishing mortality and prevent or 

minimize bycatch of gag and black 

grouper. The closure presently occurs 

simultaneously with the commercial 

grouper closure and includes important 

spawning seasons for gag, red grouper, 

and black grouper. The closure is 

estimated to reduce gag harvest by 

approximately 7.8 percent unless there 

is effort shifting to the open season by 

trips that would have occurred during 

the closed season. To achieve greater 

reductions in SWG fishing effort while 

allowing for an increase in the red 

grouper bag limit, the final rule extends 

the closed season from February 1 

through March 31. In extending this 

closure, several factors were considered, 

such as required reductions in gag 

harvest levels, associated socioeconomic effects on the recreational 

sector, possible increases in red grouper 

harvests, expected recreational season 

length, and the length and timing of the 

recreational SWG closure. The extended 

closure, in conjunction with other 

management measures, will reduce 

recreational gag landings by 26 percent, 

and increase red grouper landings by 17 

percent, while yielding a 306–day 

recreational season. 

Comment 8: Closing the recreational 

grouper component of the Gulf reef fish 

fishery from February 1 through March 

31 will cause significant economic harm 

to southwestern Florida for-hire 

fisheries. The recreational grouper 

closure period should be changed to 

April 1 through June 30 to protect 

spawning black grouper. 

Response: Several alternative SWG 

closed seasons were considered during 

the spring, summer, and fall, in 

conjunction with a 2–fish gag bag limit, 

2–fish red grouper bag limit, and a 4– 

fish grouper aggregate bag limit. Each 

closure associated with the bag limits 

would achieve the needed reductions in 

gag harvest while allowing the harvest 

of red grouper to increase. The 

combination of a closed season with bag 

limits also reduces the adverse 

economic effects on the fishery, more so 

than if either a closed season or bag 

limit was used to control harvest 

exclusively. The spring seasonal closure 

was selected because it provided 

biological protections to SWG stocks 

while minimizing the time needed for 

the closure to be effective. This time 

period includes important spawning 

seasons for both gag and red grouper, as 

well as other SWGs such as scamp and 

black grouper. Prohibiting fishing 

during the spawning season will allow 

more fish to successfully spawn and 

reproduce before being harvested. 

Because landings of red grouper are 

highest during the summer in both the 

Florida Panhandle and along the West 

Florida Peninsula, more anglers would 

be affected by a summer closure than a 

closure during other times of the year. 

Fall and winter closures would need to 

be longer to be effective. 

With respect to black grouper, the best 

available science indicates this species 

is a winter and spring spawner. 

Therefore, a closure of February 1 

through March 31 provides more 

protection of spawning black grouper 

than an April 1 through June 30 season. 

Comment 9: Bycatch is too high with 

current size and bag limits. New 

methods should be put into place to 

minimize bycatch. 

Response: Bycatch and bycatch 

mortality can negatively affect a stock 

by reducing the number of fish that 

survive to harvestable sizes. Fishery 

management regulations are intended to 

constrain effort and control fishing 

mortality, but in some cases increase 

bycatch or bycatch mortality. When 

proposing fishing regulations, managers 

must balance the competing objectives 

of maximizing yield, ending overfishing, 

and reducing bycatch to the extent 

practicable. Currently, for red grouper, 

dead discards account for 12 percent of 

the commercial sector’s biomass 

removals and up to 14 percent of the 

recreational sector’s removals. In the gag 

component of the fishery, dead discards 

account for an even greater percentage 

of the total biomass removed, including 

10 percent for the commercial sector 

and as much as 23 percent for the 

recreational sector, and the proportion 

of dead discards to landings has 

increased greatly in recent years. 

Measures to reduce bycatch were 

evaluated in a bycatch practicability 

analysis for Amendment 30B. This 

analysis concluded reducing the red 

grouper minimum size limit, especially 

in the commercial longline component 

of the fishery, is a practical option for 

reducing discards as long as landings 

are constrained by a quota or other 

management measures. For gag, 

lowering the minimum size limit in the 

recreational sector of the fishery would 

reduce bycatch, but this decrease would 

increase angler catch rates and require 

a longer closed season. The longer 

closed season would partially offset 

benefits resulting from the lower 

minimum size limit. 

Comment 10: The Federal consistency 

requirement for federally permitted 

vessels should not apply to species 

other than SWG species. This regulation 

preempts and interferes with a state’s 

regulatory authority to manage its 

waters, discriminates against charter 

fishermen with Federal permits, and is 

unnecessary if more resources could be 


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17606 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations 

dedicated to enforce permit 

requirements for those fishing in 

Federal waters. 

Response: Federal regulations assume 

that Gulf States will implement 

compatible Federal regulations. If states 

do not comply, then projected 

reductions in harvest and fishing 

mortality may not occur, compromising 

NMFS’ ability to end overfishing and 

rebuild overfished stocks, which is 

required by the Magnuson-Stevens Act. 

Additionally, inconsistent regulations in 

state waters complicate law enforcement 

and may provide fishermen an incentive 

to harvest greater amounts of fish, 

regardless of where the fish are caught, 

which could result in harvest overages. 

If such overages were not prevented, 

more stringent Federal regulations 

would result in much larger adverse 

economic effects on federally permitted 

for-hire vessels, whether or not they also 

fish in state waters. 

Measures developed under an FMP 

amendment may apply to all species 

listed in the fishery management unit 

for that FMP as allowed by the 

Magnuson-Stevens Act. For example, a 

recent regulation intended to end red 

snapper overfishing and rebuild the red 

snapper stock also contained a gear 

requirement that applied to all reef fish 

fishing in Federal waters. 

There are several examples of 

regulations that apply to federally 

permitted reef fish vessels regardless of 

whether they fish in state or Federal 

waters. These include: Requiring a red 

snapper IFQ endorsement for a federally 

permitted commercial reef fish vessel to 

have red snapper onboard, regardless of 

where the fish were caught; prohibition 

of gag, red grouper, black grouper, and 

greater amberjack on board federally 

permitted commercial reef fish vessels 

during these species’ respective closed 

seasons, regardless of where caught; and 

the requirement of an operating vessel 

monitoring system onboard federally 

permitted commercial reef fish vessels 

at all times. 

This measure may give rise to certain 

complications regarding the ability of 

some vessels to compete with other 

vessels when fishing in state waters if 

state and Federal regulations are not 

compatible. Federally permitted vessels 

would likely have a competitive 

advantage over vessels with state 

permits because they can fish in both 

Federal and state waters. Conversely, 

operators of permitted for-hire vessels 

may be disadvantaged against private 

vessels and non-federally permitted forhire vessels when fishing for grouper 

species in state waters. This measure 

does not preclude the operator from 

fishing in state waters under state 

regulations if different from Federal 

regulations. To do so, the vessel owner 

would have the choice of no longer 

maintaining his or her permit. Under 

these scenarios, the vessel owner would 

no longer have a Federal permit, and he 

or she could abide by state regulations 

in state waters. However, the vessel 

owner also would not be able to conduct 

activities in Federal waters allowed by 

his or her Federal reef fish permit. 

When there are less restrictive 

regulations in state waters, the 

effectiveness of the Federal regulations 

is diminished and the ability to enforce 

regulations is more difficult. The 

purpose of this measure is to improve 

compliance with Federal management 

regulations for federally permitted 

commercial and for-hire reef fish 

vessels, particularly for stocks that are 

undergoing overfishing or are being 

rebuilt. When regulations differ between 

jurisdictions, it is more difficult to 

coordinate enforcement activities. 

Regulations are enforced through 

actions of NMFS Office for Law 

Enforcement, the United States Coast 

Guard, and various state authorities. To 

maximize the use of assets to enforce 

state and Federal management measures 

Federal and state enforcement agencies 

have developed cooperative agreements 

to enforce the Magnuson-Stevens Act. 

Changes from the Proposed Rule 

This final rule does not include the 

measures to implement a new seasonal/ 

area closure called the Edges, as 

contained in the proposed rule 

published on November 18, 2008 (73 FR 

68390). The proposed rule inadvertently 

included a provision regarding the 

Edges seasonal/area closure that was not 

contained in Amendment 30B. The 

Edges seasonal/area closure will be 

implemented through separate 

additional rulemaking. 

Classification 

The Administrator, Southeast Region, 

NMFS, determined that Amendment 

30B is necessary for the conservation 

and management of gag and red grouper 

in the Gulf of Mexico and that it 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. 

NMFS prepared an FEIS for this 

amendment. A notice of availability for 

the FEIS was published on October 24, 

2008 (73 FR 63470). 

An FRFA was prepared. The FRFA 

incorporates the initial regulatory 

flexibility analysis, 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. 

Several comments opposed requiring 

vessels with Federal permits to follow 

the more restrictive of Federal or state 

regulations when fishing in state waters. 

The comments stated that this 

regulation would discriminate against 

federally permitted for-hire vessels and 

would place these vessels at a 

competitive disadvantage against 

vessels that possessed only state 

permits. While this rule would require 

adherence to the more restrictive 

measures by federally permitted vessels, 

this measure is expected to help prevent 

harvest overages, particularly for species 

that are overfished or undergoing 

overfishing. If such overages were not 

prevented, more stringent Federal 

regulations would subsequently be 

required, resulting in much larger 

adverse economic effects for all 

federally permitted for-hire vessels, 

regardless of where they fish. It should 

also be noted that, even under the final 

rule, federally permitted vessels may be 

able to maintain a competitive 

advantage over vessels that only possess 

state permits because of the flexibility to 

fish in both Federal and state waters. 

Several comments opposed the 

February 1 through March 31 closure of 

the recreational grouper component of 

the Gulf reef fish fishery closure because 

it would cause significant economic 

harm to southwestern Florida for-hire 

fisheries. The commenters proposed 

other closure periods would be more 

appropriate. Different combinations of 

bag limits and seasonal closures were 

considered to control the recreational 

harvests to the target levels because bag 

limits alone or seasonal closures alone 

were projected to either fail to achieve 

the target recreational harvests or result 

in larger adverse economic effects than 

the measures contained in the final rule. 

NMFS concurs with the Council’s 

choice of bag limits and the February 1 

through March 31 seasonal closure as 

the appropriate combination of 

measures to achieve the target 

recreational harvest while limiting the 

adverse economic effects. 

One comment indicated the red 

grouper allocation should be shifted in 

favor of the recreational sector of the 

fishery because that sector has greater 

economic value. An allocation change 

can benefit one sector, however, it is 

generally at the expense of the other 

sector. The underlying economic 

principle when changing allocations is 

not whether one sector has greater 

economic value than the other sector, 


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but whether the increase in value to one 

sector as a result of a re-allocation is 

sufficient to compensate for the 

reduction in value to the other sector. 

An analysis of this type requires 

determining the value for red grouper to 

both the commercial and recreational 

sectors. The SEFSC has begun 

conducting this type of study for red 

grouper and other species. However, 

this work has not been completed. 

When the final results of this work are 

available, the information will be 

provided to the Council for 

consideration in addressing allocation 

issues for red grouper and other Gulf 

species. 

No changes in the final rule were 

made in response to public comments 

on the proposed rule. 

The final rule is expected to directly 

affect vessels that operate in the Gulf of 

Mexico commercial reef fish fishery and 

for-hire reef fish fisheries. The Small 

Business Administration (SBA) has 

established size criteria for all major 

industry sectors in the U.S. including 

fish harvesters, for-hire operations, fish 

processors, and fish dealers. 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 affiliated operations worldwide. For 

for-hire operations, the other qualifiers 

apply and the annual receipts threshold 

is $7 million (NAICS code 713990, 

recreational industries). 

A Federal commercial reef fish permit 

is required to operate in the Gulf of 

Mexico commercial reef fish fishery, 

and a moratorium on the issuance of 

new permits has been in effect since 

1992. A total of 1,209 vessels with 

commercial reef fish permits is 

estimated to comprise the universe of 

commercial harvest operations in the 

fishery. For the period 2001–2006, an 

average of 631 vessels harvested varying 

amounts of gag, 732 vessels harvested 

varying amounts of red grouper, and 888 

vessels harvested varying amounts of 

SWG. These numbers are not additive 

because some of these vessels harvested 

a combination of grouper species. The 

SWG complex includes red grouper and 

gag, therefore there is substantial 

overlap in harvest of grouper species 

among these vessels. 

The annual average gross revenue and 

net income per vessel for vessels in the 

SWG fishery is unknown. For all vessels 

in the commercial reef fish fishery, the 

average annual gross revenue, 

respectively, for vertical line vessels is 

estimated to range from approximately 

$24,100 (2005 dollars; $6,800 net 

income) to $110,100 ($28,500 net 

income), while the values for bottom 

longline vessels are approximately 

$87,600 (2005 dollars; $15,000 net 

income) to $117,000 ($25,500 net 

income). Some fleet behavior is known 

to exist in the commercial reef fish 

fishery, but the extent of such is 

unknown, though the maximum number 

of permits reported to be owned by the 

same entity is six. Additional permits in 

this and other fisheries (and associated 

revenues) may be linked through 

affiliation rules but these links cannot 

be made using existing data. 

Nevertheless, based on the average 

annual gross revenue information for all 

commercial reef fish vessels, NMFS 

determines, for the purpose of this 

analysis, that all commercial reef fish 

entities potentially affected by this final 

rule are small business entities. 

An estimated 1,692 vessels are 

permitted to operate in the Gulf of 

Mexico reef fish for-hire fishery. It is 

unknown how many of these vessels 

operate as headboats or charterboats, a 

distinction which is based on pricing 

behavior, and individual vessels may 

operate as both types of operations at 

different times. However, 76 vessels 

participate in the Federal headboat 

logbook program. Several entities own 

multiple for-hire permits, and at least 

one entity is believed to own as many 

as 12 permits. 

The average charterboat is estimated 

to generate approximately $77,000 (2005 

dollars) in annual revenues, while the 

comparable figure for an average 

headboat is approximately $404,000 

(2005 dollars). Based on the average 

annual gross revenue information for 

these vessels, NMFS determines, for the 

purpose of this analysis, that all for-hire 

entities potentially affected by this final 

rule are small business entities. 

Relative to the baseline consisting of 

all no action alternatives, the final 

action would reduce the net operating 

revenues of commercial vessels by $5.3 

million (in 2005 dollars) over the period 

2008–2013. It would be equivalent to an 

annual loss of $0.88 million. If this loss 

were equally shared by all 888 vessels 

landing any species of SWG, the loss per 

vessel would be $991 annually. Of the 

888 vessels landing any grouper species 

during the period 2001–2006, 114 

vessels landed less than 100 lb (45.4 kg), 

232 vessels landed between 100 and 

1,000 lb (454 kg), 229 vessels landed 

between 1,000 lb and 5,000 lb (2,270 

kg), 271 vessels landed between 5,000 lb 

and 50,000 lb (22,700 kg), and 42 

vessels landed more than 50,000 lb. 

Although the estimated reduction in net 

operating income could be 

accommodated by the 42 highest and 

even 271 next highest volume vessels, it 

could be quite burdensome to others, 

particularly the 114 lowest volume 

vessels. 

Although for-hire vessels do not 

derive revenues from grouper sales, 

most vessels target these species at some 

time during the year. Assuming angler 

demand declines in response to the 

restrictions for these species, revenue 

and profit reductions can be projected. 

As a result of the final action on 

grouper, the for-hire sector is projected 

to experience a loss in net income of 

approximately $405,000 to $794,000 per 

year. If these losses were distributed 

equally across all the 1,692 for-hire 

vessels in the fishery, the resulting loss 

per vessel would be between $239 and 

$469 per vessel. Some for-hire vessels, 

such as those in Florida, are likely more 

dependent on grouper than other vessels 

due to where they fish and client 

preferences and thus may be more 

severely affected by the final action. 

Three alternatives, including no 

action, were considered for the action in 

Amendment 30 to set thresholds and 

benchmarks for gag. The first alternative 

(no action) to the final action would not 

comply with the Sustainable Fisheries 

Act requirement to establish more 

scientifically-based thresholds and 

benchmarks. The other alternative to the 

final action would provide a less 

conservative proxy for maximum 

sustainable yield (MSY), and would 

likely result in catch levels in excess of 

the true MSY. Each of the alternatives, 

including the final action, would not 

have direct impacts on small entities, 

but would serve as a platform for the 

development of specific management 

measures. 

Five alternatives, including no action, 

were considered for the action in 

Amendment 30 to set gag TACs. The 

first alternative (no action) to the final 

action would not provide for a gag TAC, 

and thus would allow continued 

overfishing of the stock. The second 

alternative to the final action uses a 

stepped approach to managing TAC 

levels by setting TAC at 3–year 

intervals. This alternative, however, is 

likely to result in management measures 

that could create overages in years 2 and 

3 of the interval. It could thus trigger 

AMs that would have potentially larger 

adverse impacts on small entities. The 

third alternative to the final action is 

similar to the final action, but it would 

set fishing mortality rate right at the 

threshold. This is more likely to 

generate overfishing situations that 

would only require more stringent 

regulations. The fourth alternative to the 

final action is similar to the second 


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alternative and thus would be saddled 

with similar problems. In addition, it is 

also susceptible to providing 

management measures that would result 

in overages in years 2 and 3 of each 

interval, setting the stage for application 

of AMs. 

Three alternatives, including no 

action, were considered for the action in 

Amendment 30 to set a red grouper 

TAC. The first alternative (no action) to 

the final action would retain the red 

grouper TAC at 6.56 million lb (2.98 

million kg). The final red grouper TAC 

of 7.57 million lb (3.43 million kg) 

would provide more benefits to small 

entities than the no action alternative. 

The second alternative to the final 

action would set a higher TAC of 7.72 

million lb (3.50 million kg) 

corresponding to fishing at equilibrium 

FMSY (the fishing mortality rate that 

produces MSY) as opposed to 

equilibrium FOY (the fishing mortality 

that produces OY) in the final action. 

Although this higher TAC would be 

more beneficial to small entities, it is 

right at the threshold when AMs would 

set in. This higher TAC, then, would 

place at higher probability the 

imposition of stringent management 

measures that would essentially undo 

the initial benefits received by small 

entities. 

Three alternatives, including no 

action, were considered for the action to 

set gag and red grouper allocations. The 

first alternative (no action) to the final 

action would revert the 

recreational:commercial allocation to 

that of Amendment 1 65:35 for gag and 

23:77 for red grouper. The second 

alternative to the final action would set 

the recreational:commercial allocation 

at 59:41 for gag and 24:76 for red 

grouper. It should be noted that under 

the final action, the 

recreational:commercial allocation 

would be 61:39 for gag and 24:76 for red 

grouper. The general nature of any 

allocation is that it would favor one 

group of small entities at the expense of 

another group of small entities. The 

Council’s choice for the final action 

considered the longest and most robust 

time series of data compared to the 

other alternatives. 

Five alternatives, including no action, 

were considered to set SWG ACLs and 

AMs. The first alternative (no action) to 

the final action would not provide for 

ACLs and AMs. By not specifying AMs, 

harvests could likely exceed target catch 

levels and would thereby reduce the 

likelihood overfishing would be ended 

or prevented. The second alternative to 

the final action would have identical 

target catches as the final action but 

would set the ACLs lower than those of 

the final action. It would then likely 

result in potentially more adverse 

impacts on small entities. The third 

alternative to the final action would set 

the same commercial target catches as, 

but some higher ACLs than, the final 

action. This alternative would set higher 

recreational target catches and ACLs for 

gag than the final action, but would set 

the same target catches and ACLs for red 

grouper. On average, this alternative 

would result in lower adverse impacts 

on small entities than the final action. 

The fourth alternative to the final action 

would set the same target catches as, but 

lower ACLs than, the final action. It may 

then be expected to result in higher 

adverse impacts on small entities than 

the final action. 

Four alternatives, including no action, 

were considered for the action to set 

gag, red grouper, and SWG quotas. The 

first alternative (no action) to the final 

action would maintain the red grouper 

and SWG quotas. Although this 

alternative would potentially allow the 

largest SWG quota, it would not provide 

specific protection to gag so that 

overfishing of this stock would 

continue. In addition, it would not 

provide flexibility to increase the red 

grouper quota due to stock 

improvements. The second alternative 

to the final action would be similar to 

the final action, except that the final 

action would provide for a higher quota 

for other SWG. Hence, small entities 

would operate in a better economic 

environment under the final action. 

Four alternatives, including no action, 

were considered for the action on 

commercial quota closures. The first 

alternative (no action) to the final action 

would maintain the red grouper or SWG 

quota, whichever comes first, as a 

trigger to close the SWG fishery. Given 

all preferred alternatives for all other 

actions, this alternative would provide 

the largest benefits to small entities. 

However, it would not provide 

sufficient protection to gag so that 

overfishing of the stock could continue. 

The second alternative to the final 

action would add the gag quota as a 

closure trigger. With the gag quota most 

likely to be met first, the entire SWG 

fishery would close early in the year. 

This alternative would yield the largest 

negative effects on small entities. The 

third alternative to the final action is 

similar to the second, except that it 

would impose gag trip limits at the start 

of the fishing year. This alternative 

would allow the SWG fishery to remain 

open much longer than the second 

alternative so that it would result in less 

adverse impact on small entities. The 

third alternative differs from the final 

action, which would impose the 

incidental harvest trip limit only when 

80 percent of the gag or red grouper 

quota is reached. Due to the generally 

longer closure under the final action, 

the third alternative would turn out to 

result in less adverse economic impact 

on small entities. The third alternative, 

however, would impose more adverse 

effects on the gag component of the 

fishery so that in general it would 

adversely affect hook-and-line vessel 

trips more than longline trips. The 

opposite would generally occur under 

the final action. 

Seven alternatives, including no 

action, were considered for the action 

on measures to control the recreational 

harvests of gag and red grouper. The 

first alternative (no action) to the final 

action would maintain current 

recreational regulations so that it would 

likely allow overfishing of gag to 

continue. All other alternatives to the 

final action would eliminate the 

recreational red grouper bag limit, 

establish a gag grouper bag limit (except 

one alternative), establish a recreational 

closure, and reduce the aggregate 

grouper bag limit to 3 fish. These other 

alternatives would reduce gag harvest 

by a greater amount than the final action 

and either increase red grouper harvest 

(three alternatives) or reduce red 

grouper harvest (two alternatives), 

relative to the final action. These 

alternatives would be expected to, 

therefore, result in greater adverse 

economic impacts than the final action. 

Three alternatives, including no 

action, were considered for the action 

on reducing the discard mortality of 

groupers. The first alternative (no 

action) to the final action would not 

require any new equipment or 

implement new measures to reduce 

bycatch, and would retain the size limit 

for grouper species subject to size limits. 

This would not address the bycatch 

problem in the grouper component of 

the fishery. The second alternative 

would require pamphlets or placards 

providing instructions on venting, 

proper handling, and release methods. 

The presence of these pamphlets or 

placards on board would provide 

convenient resource materials for 

reducing bycatch mortality, but the 

extent of their effects cannot be 

determined. The final action, on the 

other hand, would reduce the size limit 

for red grouper, reduce bycatch 

mortality, and contribute to further 

stock rebuilding and thus may be 

expected to result in positive effects on 

small entities. 

Four alternatives were considered for 

the action pertaining to the duration of 

time/area closures and marine reserves. 

As noted in the Changes from the 


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Proposed Rule section of this rule, the 

Edges seasonal-area closure is not 

included in this final rule and will be 

implemented via separate rulemaking. 

Three of these alternatives, including no 

action, were specific to time/area 

closures. The fourth alternative, with 

three sub-options inclusive of no action, 

directly addressed the two existing 

marine reserves. With respect to time/ 

area closures, two alternatives to the 

final action would set specific 

expiration dates. These alternatives 

would have about similar effects as the 

final action, particularly considering the 

ability and history of the Council in 

changing time/area closure regulations. 

With respect to the duration of the two 

existing marine reserves, two 

alternatives to the final action would 

allow the reserves to expire within a 

certain number of years. These two 

alternatives would provide relatively 

inadequate time for full evaluation of 

the effectiveness of the existing marine 

reserves, as compared to the final 

action. 

Two alternatives, including no action, 

were considered for the action on 

Federal regulatory compliance. The first 

alternative (no action) to the final action 

would retain any existing 

inconsistencies between state and 

Federal regulations in state waters for 

operators of vessels with Federal reef 

fish permits. This would be particularly 

problematic for species considered 

overfished or undergoing overfishing, 

that have relatively substantial presence 

in state waters. Although in this case, 

the no action alternative would provide 

better economic prospects for small 

entities in the short run, the long-run 

sustainability of the fishery and 

economic benefits derivable from the 

fishery would be jeopardized. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: April 13, 2009. 

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 definitions of ‘‘Deepwater grouper (DWG)’’ and ‘‘Shallowwater grouper (SWG)’’ are added in 

alphabetical order to read as follows: 

§ 622.2 Definitions and acronyms. 

* * * * * 

Deep-water grouper (DWG) means 

yellowedge grouper, misty grouper, 

warsaw grouper, snowy grouper, and 

speckled hind. After the shallow-water 

grouper (SWG) commercial quota is 

reached, as specified in 

§ 622.42(a)(1)(iii), scamp is also 

considered a DWG for purposes of the 

commercial fishery. 

* * * * * 

Shallow-water grouper (SWG) means 

gag, red grouper, black grouper, scamp, 

yellowfin grouper, rock hind, red hind, 

and yellowmouth grouper. However, 

after the SWG commercial quota is 

reached, as specified in 

§ 622.42(a)(1)(iii), scamp is considered a 

DWG for the commercial fishery only. 

* * * * * 

■ 3. In § 622.4, the suspension of 

paragraph (a)(2)(v) is lifted; paragraph 

(a)(2)(xiv) is removed, and paragraphs 

(a)(1)(iv) and (a)(2)(v) are revised to read 

as follows: 

§ 622.4 Permits and fees. 

(a) * * * 

(1) * * * 

(iv) If Federal regulations for Gulf reef 

fish in subparts A, B, or C of this part 

are more restrictive than state 

regulations, a person aboard a charter 

vessel or headboat for which a charter 

vessel/headboat permit for Gulf reef fish 

has been issued must comply with such 

Federal regulations regardless of where 

the fish are harvested. 

(2) * * * 

(v) Gulf reef fish. For a person aboard 

a vessel to be eligible for exemption 

from the bag limits, to fish under a 

quota, as specified in § 622.42(a)(1), or 

to sell Gulf reef fish in or from the Gulf 

EEZ, a commercial vessel permit for 

Gulf reef fish must have been issued to 

the vessel and must be on board. If 

Federal regulations for Gulf reef fish in 

subparts A, B, or C of this part are more 

restrictive than state regulations, a 

person aboard a vessel for which a 

commercial vessel permit for Gulf reef 

fish has been issued must comply with 

such Federal regulations regardless of 

where the fish are harvested. See 

paragraph (a)(2)(ix) of this section 

regarding an additional IFQ vessel 

endorsement required to fish for, 

possess, or land Gulf red snapper. To 

obtain or renew a commercial vessel 

permit for Gulf reef fish, more than 50 

percent of the applicant’s earned 

income must have been derived from 

commercial fishing (i.e., harvest and 

first sale of fish) or from charter fishing 

during either of the 2 calendar years 

preceding the application. See 

paragraph (m) of this section regarding 

a limited access system for commercial 

vessel permits for Gulf reef fish and 

limited exceptions to the earned income 

requirement for a permit. 

* * * * * 

■ 4. In § 622.34, paragraph (k)(1)(iii) is 

removed and reserved; paragraph (o) is 

removed and reserved; the suspension 

of paragraph (u) is lifted; paragraphs (v) 

and (w) are removed; and paragraph (u) 

is revised to read as follows: 

* * * * * 

§ 622.34 Gulf EEZ seasonal and/or area 

closures. 

* * * * * 

(u) Seasonal closure of the 

recreational fishery for shallow-water 

grouper (SWG). The recreational fishery 

for SWG, in or from the Gulf EEZ, is 

closed from February 1 through March 

31, each year. During the closure, the 

bag and possession limit for SWG in or 

from the Gulf EEZ is zero. 

■ 5. In § 622.37, paragraph (d)(2)(ii) is 

revised and paragraph (d)(2)(iv) is 

added to read as follows: 

§ 622.37 Size limits. 

* * * * * 

(d) * * * 

(2) * * * 

(ii) Yellowfin grouper—20 inches 

(50.8 cm), TL. 

* * * * * 

(iv) Red grouper—(A) For a person not 

subject to the bag limit specified in 

§ 622.39 (b)(1)(ii)—18 inches (45.7 cm), 

TL. 

(B) For a person subject to the bag 

limit specified in § 622.39(b)(1)(ii)—20 

inches (50.8 cm), TL. 

* * * * * 

■ 6. In § 622.39, the suspension of 

paragraphs (b)(1)(ii) and (v) is lifted; 

paragraphs (b)(1)(viii) and (b)(1)(ix) are 

removed, and the first sentence of 

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

follows: 

§ 622.39 Bag and possession limits. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) Groupers, combined, excluding 

goliath grouper and Nassau grouper—4 

per person per day, but not to exceed 1 

speckled hind or 1 warsaw grouper per 

vessel per day, or 2 gag or 2 red grouper 

per person per day. * * * 

* * * * * 


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■ 7. In § 622.42, paragraph (a)(1)(vii) is 

removed, and paragraphs (a)(1)(ii) and 

(iii) are revised to read as follows: 

§ 622.42 Quotas. 

* * * * * 

(a) * * * 

(1) * * * 

(ii) Deep-water groupers (DWG) and, 

after the quota for SWG is reached, 

scamp, combined—1.02 million lb (0.46 

million kg), gutted weight, that is, 

eviscerated but otherwise whole. 

(iii) Shallow-water groupers (SWG), 

including scamp before the quota for 

SWG is reached, have a combined quota 

as specified in paragraph (a)(1)(iii)(A) of 

this section. Within the SWG quota 

there are separate quotas for gag and red 

grouper as specified in paragraphs 

(a)(1)(iii)(B) and (C) of this section, 

respectively. The quotas specified in 

paragraphs (a)(1)(iii)(A) through (C) of 

this section are all in gutted weight, that 

is eviscerated but otherwise whole. 

(A) SWG combined. (1) For fishing 

year 2009—7.48 million lb (3.39 million 

kg). 

(2) For fishing year 2010—7.57 

million lb (3.43 million kg). 

(3) For fishing year 2011 and 

subsequent fishing years—7.65 million 

lb (3.47 million kg). 

(B) Gag. (1) For fishing year 2009— 

1.32 million lb (0.60 million kg). 

(2) For fishing year 2010—1.41 

million lb (0.64 million kg). 

(3) For fishing year 2011 and 

subsequent fishing years—1.49 million 

lb (0.68 million kg). 

(C) Red grouper—5.75 million lb (2.61 

million kg). 

* * * * * 

■ 8. In § 622.44, paragraph (g) is revised 

and paragraph (h) is added to read as 

follows: 

§ 622.44 Commercial trip limits. 

* * * * * 

(g) Gulf deep-water grouper (DWG) 

and shallow-water grouper (SWG), 

combined. For vessels operating under 

the quotas specified in § 622.42(a)(1)(ii) 

or (a)(1)(iii), the trip limit for DWG and 

SWG combined is 6,000 lb (2,722 kg), 

gutted weight. However, when the 

quotas specified in § 622.42(a)(1)(ii) or 

(a)(1)(iii) are reached and the respective 

fishery is closed, the commercial trip 

limit for the species subject to the 

closure is zero. 

(h) Gulf gag and red grouper. For 

vessels operating under the quota 

specifications in § 622.42(a)(1)(iii)(B) or 

(a)(1)(iii)(C), once 80 percent of either 

the gag or red grouper quota is reached, 

or projected to be reached, and the 

quota for the applicable species is 

projected to be reached prior to the end 

of the fishing year, the AA will file a 

notification with the Office of the 

Federal Register to implement a trip 

limit for the applicable species of 200 lb 

(90.7 kg), gutted weight. However, when 

the SWG, gag, or red grouper quota as 

specified in § 622.42(a)(1)(iii)(A), (B), or 

(C), respectively, is reached, or 

projected to be reached, the commercial 

trip limit for the species subject to the 

closure is zero. 

■ 9. In § 622.49, paragraphs (a)(3) 

through (a)(5) are added to read as 

follows: 

§ 622.49 Accountability measures. 

(a) * * * 

(3) Shallow-water grouper (SWG) 

combined. (i) Commercial fishery. If 

either gag, red grouper, or SWG 

commercial landings, as estimated by 

the SRD, reach or are projected to reach 

the applicable quota specified in 

§ 622.42(a)(1)(iii), the AA will file a 

notification with the Office of the 

Federal Register to close the entire SWG 

commercial fishery for the remainder of 

the fishing year. In addition, if despite 

such closure, SWG commercial landings 

exceed the applicable ACL as specified 

in this paragraph (a)(3)(i), the AA will 

file a notification with the Office of the 

Federal Register, at or near the 

beginning of the following fishing year, 

to maintain the SWG commercial quota 

for that following year at the level of the 

prior year’s quota. The applicable 

commercial ACLs for SWG, in gutted 

weight, are 7.94 million lb (3.60 million 

kg) for 2009, 7.99 million lb (3.62 

million kg) for 2010, and 8.04 million lb 

(3.65 million kg) for 2011 and 

subsequent fishing years. 

(ii) [Reserved] 

(4) Gag. (i) Commercial fishery. If gag 

commercial landings, as estimated by 

the SRD, reach or are projected to reach 

the applicable quota specified in 

§ 622.42(a)(1)(iii)(B), the AA will file a 

notification with the Office of the 

Federal Register to close the SWG 

commercial fishery for the remainder of 

the fishing year. In addition, if despite 

such closure, gag commercial landings 

exceed the applicable ACL as specified 

in this paragraph (a)(4)(i), the AA will 

file a notification with the Office of the 

Federal Register, at or near the 

beginning of the following fishing year, 

to maintain the gag commercial quota 

for that following year at the level of the 

prior year’s quota. The applicable 

commercial ACLs for gag, in gutted 

weight, are 1.66 million lb (0.75 million 

kg) for 2009, 1.71 million lb (0.78 

million kg) for 2010, and 1.76 million lb 

(0.80 million kg) for 2011 and 

subsequent fishing years. 

(ii) Recreational fishery. If gag 

recreational landings, as estimated by 

the SRD, exceed the applicable ACL 

specified in this paragraph (a)(4)(ii), the 

AA will file a notification with the 

Office of the Federal Register, at or near 

the beginning of the following fishing 

year, to maintain the gag target catch 

level for that following year at the level 

of the prior year’s target catch. In 

addition, the notification will reduce 

the length of the recreational SWG 

fishing season the following fishing year 

by the amount necessary to ensure gag 

recreational landings do not exceed the 

recreational target catch level in that 

following fishing year. The applicable 

recreational ACLs for gag, in gutted 

weight, are 2.59 million lb (1.17 million 

kg) for 2009, 2.64 million lb (1.20 

million kg) for 2010, and 2.67 million lb 

(1.21 million kg) for 2011 and 

subsequent fishing years. The 

recreational target catch levels for gag, 

in gutted weight, are 2.06 million lb 

(0.93 million kg) for 2009, 2.14 million 

lb (0.97 million kg) for 2010, and 2.20 

million lb (1.00 million kg) for 2011 and 

subsequent fishing years. Recreational 

landings will be evaluated relative to 

the applicable ACL as follows. For 2009, 

only 2009 recreational landings will be 

compared to the ACL; in 2010, the 

average of 2009 and 2010 recreational 

landings will be compared to the ACL; 

and in 2011 and subsequent fishing 

years, the 3–year running average 

recreational landings will be compared 

to the ACL. 

(5) Red grouper. (i) Commercial 

fishery. If red grouper commercial 

landings, as estimated by the SRD, reach 

or are projected to reach the applicable 

quota specified in § 622.42(a)(1)(iii)(C), 

the AA will file a notification with the 

Office of the Federal Register to close 

the SWG commercial fishery for the 

remainder of the fishing year. In 

addition, if despite such closure, red 

grouper commercial landings exceed the 

ACL, 5.87 million lb (2.66 million kg) 

gutted weight, the AA will file a 

notification with the Office of the 

Federal Register, at or near the 

beginning of the following fishing year, 

to maintain the red grouper commercial 

quota for that following year at the level 

of the prior year’s quota. 

(ii) Recreational fishery. If red grouper 

recreational landings, as estimated by 

the SRD, exceed the applicable ACL 

specified in this paragraph (a)(5)(ii), the 

AA will file a notification with the 

Office of the Federal Register, at or near 

the beginning of the following fishing 

year, to maintain the red grouper target 

catch level for that following year at the 

level of the prior year’s target catch. In 

addition, the notification will reduce 


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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Rules and Regulations 17611 

the length of the recreational SWG 

fishing season the following fishing year 

by the amount necessary to ensure red 

grouper recreational landings do not 

exceed the recreational target catch level 

the following fishing year. The 

recreational ACL for red grouper, in 

gutted weight, is 1.85 million lb (0.84 

million kg). The recreational target catch 

level for red grouper, in gutted weight, 

is 1.82 million lb (0.82 million kg). 

Recreational landings will be evaluated 

relative to the applicable ACL as 

follows. For 2009, only 2009 

recreational landings will be compared 

to the ACL; in 2010, the average of 2009 

and 2010 recreational landings will be 

compared to the ACL; and in 2011 and 

subsequent fishing years, the 3–year 

running average recreational landings 

will be compared to the ACL. 

* * * * * 

[FR Doc. E9–8764 Filed 4–15–09; 8:45 am] 

BILLING CODE 3510–22–S 


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