32278 Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules 

specified f.o.b. origin or destination, 

whichever the contract so states. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The General Services Administration 

does not expect this proposed rule to 

have a significant economic impact on 

a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the rule will delete information 

and clauses that are deemed 

unnecessary. An Initial Regulatory 

Flexibility Analysis has, therefore, not 

been performed. We invite comments 

from small businesses and other 

interested parties. GSA will consider 

comments from small entities 

concerning the affected GSAR Parts 547 

and 552 in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 601, et seq. (GSAR case 2006–

G518), in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the GSAM do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. 

List of Subjects in 48 CFR Parts 547 and 

552 

Government procurement. 

Dated: June 2, 2008. 

Al Matera, 

Director, Office of Acquisition Policy, General 

Services Administration. 

Therefore, GSA proposes to amend 48 

CFR parts 547 and 552 as set forth 

below: 

1. The authority citation for 48 CFR 

parts 547 and 552 is revised to read as 

follows: 

AUTHORITY: 40 U.S.C. 121(c). 

PART 547 [RESERVED] 

2. Part 547 is removed and reserved. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

552.247–70 [Removed] 

3. Section 552.247–70 is removed. 

552.247–71 [Removed] 

4. Section 552.247–71 is removed. 

[FR Doc. E8–12694 Filed 6–5–08; 8:45 am] 

BILLING CODE 6820–61–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 080509647–8651–01] 

RIN 0648–AW84 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan Regulations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) proposes to 

amend the regulations implementing the 

Atlantic Large Whale Take Reduction 

Plan (ALWTRP), to delay the effective 

date of one of the broad-based gear 

modifications and remove one of the 

gear-related definitions required in the 

recent amendment to the ALWTRP. 

Specifically, NMFS is proposing to 

delay the broad-based sinking 

groundline requirement for trap/pot 

fishermen in the Atlantic for an 

additional six months, from October 5, 

2008 to April 5, 2009. Additionally, the 

proposed rule would delete the 

‘‘neutrally buoyant line’’ term from the 

regulations to avoid any potential 

confusion with the requirements and 

assist enforcement efforts. 

DATES: Comments on the proposed rule 

must be received by 5 p.m. EST on July 

7, 2008. 

ADDRESSES: Comments may be 

submitted on this proposed rule, 

identified by RIN 0648–AW84, by any 

one of the following methods: 

(1) Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

(2) Mail: Mary Colligan, Assistant 

Regional Administrator for Protected 

Resources, NMFS, Northeast Region, 1 

Blackburn Dr., Gloucester, MA 01930, 

ATTN: ALWTRP Proposed Rule. 

(3) Facsimile (fax) to: 978–281–9394, 

Attn: Diane Borggaard 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All personal identifying information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. NMFS will 

accept anonymous comments. 

Attachments to electronic comments 

will be accepted in Microsoft Word, 

Excel, WordPerfect, or Adobe PDF file 

formats only. 

Copies of the Regulatory Impact 

Review related to this action can be 

obtained from the ALWTRP website 

listed under the Electronic Access 

portion of this document or writing 

Diane Borggaard, NMFS, Northeast 

Region, 1 Blackburn Dr., Gloucester, MA 

01930. For additional ADDRESSES and 

web sites for document availability see 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Diane Borggaard, NMFS, Northeast 

Region, 978–281–9300 Ext. 6503; or 

Kristy Long, NMFS, Office of Protected 

Resources, 301–713–2322. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

Several of the background documents 

for the ALWTRP and the take reduction 

planning process can be downloaded 

from the ALWTRP web site at http:// 

www.nero.noaa.gov/whaletrp/. The 

complete text of the regulations 

implementing the ALWTRP can be 

found either in the Code of Federal 

Regulations (CFR) at 50 CFR 229.32 or 

downloaded from the website, along 

with a guide to the regulations. 

Background 

In response to the continued serious 

injury and mortality of large whales 

from entanglement in commercial 

fishing gear, NMFS determined that 

additional modifications to the 

ALWTRP were warranted. 

Subsequently, in October 2007, NMFS 

finalized an amendment to the ALWTRP 

which implemented a broad-based gear 

modification strategy that included 

additional regulated fisheries; expanded 

weak link and sinking groundline 

requirements; additional gear marking 

requirements; changes in boundaries; 

seasonal restrictions for gear 

modifications; expanded exempted 

areas; and regulatory language changes 

for the purposes of clarification and 

consistency (72 FR 57104, October 5, 

2007; 73 FR 19171, April 9, 2008). Most 

modifications became effective 

November 5, 2007, and April 5, 2008, 

except for one broad-based requirement 


dwashington3 on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules 32279 

which becomes effective October 5, 

2008. 

Based on the availability of the 

sinking groundline and time needed to 

re-rig gear, NMFS built into the final 

rule a one-year phase-in period to afford 

trap/pot and gillnet fishermen adequate 

time to convert their gear. Specifically, 

the regulations require sinking and/or 

neutrally buoyant line on groundlines 

on a year-round or seasonal basis 

depending on the temporal and spatial 

distribution of large whales one year 

after publication of the final rule (except 

in the Cape Cod Bay Restricted Area and 

Seasonal Area Management (SAM) 

Areas). Because the final rule was 

published on October 5, 2007, the 

sinking groundline provision becomes 

effective on October 5, 2008. 

Proposed Measures 

In the time since the publication of 

the October 5, 2007 final rule, NMFS 

has monitored the availability of the 

sinking groundline and progress of the 

commercial trap/pot fisheries in 

converting to sinking groundlines. 

Based on its findings, NMFS has 

determined that additional time to 

convert to sinking groundline is 

warranted. This proposed rule would 

provide an additional six months 

(through April 5, 2009) for trap/pot 

fishermen along the Atlantic east coast 

to comply with this major requirement. 

The proposed action is warranted 

given the confusion that has occurred 

regarding which trap/pot fishermen are 

impacted by the ALWTRP and what 

type of groundline line is required. As 

far as trap/pot fisheries, the ALWTRP 

has regulated only American lobster 

since it was first implemented in 1997, 

and many trap/pot fisheries are being 

regulated for the first time through the 

October ALWTRP amendment. These 

new trap/pot fisheries include, but are 

not limited to, crab (red, Jonah, rock, 

and blue), hagfish, finfish (black sea 

bass, scup, tautog, cod, haddock, 

pollock, redfish (ocean perch), and 

white hake), conch/whelk, and shrimp. 

The delay of the broad-based sinking 

groundline requirement would occur 

partially during a time of year when 

most trap/pot gear is out of the water 

while fishermen traditionally repair and 

replace gear. The delay will also enable 

fishermen to purchase the appropriate 

sinking line and rectify any confusion 

they may have regarding sinking line. 

All other ALWTRP amendments would 

be effective, including the sinking 

groundline requirement for gillnet 

fisheries. The requirements for sinking 

groundline for lobster trap/pot fisheries 

in Cape Cod Bay, Dynamic Area 

Management (DAM) zones (now no 

longer in effect), and SAM area have 

facilitated the conversion to sinking 

groundline. Floating groundline gear 

buyback programs in Maine, 

Massachusetts, New York and the midAtlantic have also facilitated the 

conversion to sinking groundline for 

trap/pot fisheries, but primarily for 

lobster trap/pot. This proposed action 

will eliminate the confusion in the trap/ 

pot industry as to which fisheries are 

impacted and what type of line is 

required to assist all Atlantic trap/pot 

fishermen in fully converting to sinking 

groundline when much of the gear is out 

of the water. As a result, trap/pot 

fishermen would be able to convert their 

gear over an extended period of time to 

help ensure gear availability and avoid 

any potential spike in demand for 

sinking line, which if it materialized, 

might temporarily outstrip the capacity 

of cordage manufacturers, drive up 

prices, and impair fishermen’s ability to 

comply. 

The impact on large whales from this 

delay would be minimal given that: (1) 

the majority of the conservation 

measures included in the amendment to 

the ALWTRP would already be in place; 

(2) special right whale management 

areas have already converted to sinking 

groundline as described above; (3) most 

trap/pot gear is out of the water during 

a portion of the time period before the 

broad-based sinking groundline 

requirements go into effect; (4) the 

primary seasonal distribution of large 

whales in the Northeast occurs before 

the proposed effective date (Pace and 

Merrick 2008, NMFS 2007) (where the 

majority of confusion has been reported 

to have occurred); and (5) gear buyback 

programs from Maine to North Carolina 

that have assisted in the conversion of 

sinking groundline for lobster trap/pot 

fisheries have already removed a large 

amount of sinking groundline from the 

ocean. 

In addition to the proposal to extend 

the implementation of the broad-based 

gear requirements, this proposed rule 

would delete the ‘‘neutrally buoyant 

line’’ term and definition from the 

regulations, so that only the ‘‘sinking 

line’’ term and definition would remain. 

In the October 5, 2007 final rule, NMFS 

included both the terms ‘‘sinking’’ and 

‘‘neutrally buoyant’’ line, with identical 

definitions for each, in an attempt to 

include familiar industry terms and 

assist in the understanding of the 

regulations. However, industry feedback 

since the final rule published indicates 

that using two terms has led to 

confusion and resulted in some 

fishermen not understanding what type 

of line is required for the groundline. 

Additionally, trap/pot fishermen have 

inquired about the definition of low 

profile groundline (a line that does not 

sink, but loops some distance above the 

ocean bottom lower than floating line), 

and have asked NMFS for clarification 

on whether neutrally buoyant line is the 

same as low profile line. Therefore, in 

order to ensure clarity regarding the 

groundline requirement, this proposed 

action would remove all references to 

the term ‘‘neutrally buoyant line’’ from 

the regulations to facilitate both 

industry understanding of the 

regulations and enforcement efforts of 

this requirement. The term would be 

removed for both buoy line and 

groundline requirements and for both 

gillnet and trap/pot fisheries. 

Accordingly, the ‘‘sinking line’’

definition would be modified to 

eliminate reference to ‘‘see also 

neutrally buoyant line.’’ NMFS 

discussed the removal of the ‘‘neutrally 

buoyant line’’ term with the Atlantic 

Large Whale Take Reduction Team, a 

NMFS advisory group composed of 

various marine resource stakeholders, at 

its April 2008 meeting and this 

suggested ALWTRP revision was 

supported. 

Classification 

This action is categorically excluded 

from the requirement to prepare an 

Environmental Assessment in 

accordance with sections 6.03a.3(a) and 

6.03c.3(d) of NOAA Administrative 

Order (NAO) 216–6. Specifically, this 

proposed action includes revisions that 

‘‘will hold no potential for significant 

environmental impacts,’’ and will 

facilitate enforcement efforts. This 

action does not trigger the exceptions to 

categorical exclusions listed in NAO 

216–6, Section 5.05c; thus, a categorical 

exclusion memorandum to the file has 

been prepared. 

This proposed rule has been 

determined to be not significant for the 

purposes of Executive Order 12866. 

This proposed rule does not contain 

a collection of information requirements 

subject to the Paperwork Reduction Act 

(PRA). 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this proposed rule, if adopted, 

would not have a significant economic 

impact on a substantial number of small 

entities. The October 5, 2007 ALWTRP 

final rule (72 FR 57104, October 5, 2007; 

73 FR 19171, April 9, 2008) and Final 

Environmental Impact Statement (FEIS) 

(August 2007) identified approximately 

4,353 vessels that would be affected by 

the final rule, including 2,889 from the 

lobster trap/pot fishery. This proposed 


dwashington3 on PRODPC61 with PROPOSALS
32280 Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules 

action would merely delete the term 

‘‘neutrally buoyant line’’ from the 

regulations, and delay the 

implementation of the broad based gear 

requirements for an additional 6 

months. Because this action would not 

impose any new requirements, it would 

have no economic impact beyond that 

previously analyzed in the prior 

rulemaking and Final Environmental 

Impact Statement, and would not 

significantly reduce profit for affected 

vessels. 

NMFS has determined that this action 

is consistent to the maximum extent 

practicable with the approved coastal 

management program of the U.S. 

Atlantic coastal states. This 

determination was submitted for review 

by the responsible state agencies under 

section 307 of the Coastal Zone 

Management Act. 

This proposed rule contains policies 

with federalism implications as that 

term is defined in Executive Order 

13132. Accordingly, the Assistant 

Secretary for Legislative and 

Intergovernmental Affairs will provide 

notice of the proposed action to the 

appropriate official(s) of affected state, 

local, and/or tribal governments. 

References 

NMFS. 2007. Final Environmental 

Impact Statement for Amending the 

Atlantic Large Whale Take Reduction 

Plan: Broad-Based Gear Modifications. 

Prepared by: Industrial Economics, Inc. 

and NOAA’s National Marine Fisheries 

Service. Northeast Region. 

Pace, Richard M. III, and Merrick, 

Richard. 2008. Northwest Atlantic 

Ocean Habitats Important to the 

Conservation of North Atlantic Right 

Whales. Northeast Fisheries Science 

Center Reference Document 08–07. 32 

pp. 

List of Subjects 50 CFR Part 229 

Administrative practice and 

procedure, Confidential business 

information, Fisheries, Marine 

mammals, Reporting and recordkeeping 

requirements. 

Dated: June 2, 2008. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

For the reasons set out in the 

preamble, 50 CFR part 229 is proposed 

to be amended as follows: 

PART 229—AUTHORIZATION FOR 

COMMERCIAL FISHERIES UNDER THE 

MARINE MAMMAL PROTECTION ACT 

OF 1972 

1. The authority citation for 50 CFR 

part 229 continues to read as follows: 

Authority: 16 U.S.C. 1361 et seq. 

2. In § 229.2, the definition ‘‘Neutrally 

buoyant line’’ is removed. The 

definition of ‘‘Sinking line’’ is revised to 

read as follows: 

§ 229.2 Definitions. 

* * * * * 

Sinking line means, for both 

groundlines and buoy lines, line that 

has a specific gravity greater than or 

equal to 1.030, and, for groundlines 

only, does not float at any point in the 

water column. 

* * * * * 

3. In § 229.32, revise paragraphs (a)(4), 

(c)(2)(ii)(D), (c)(2)(ii)(E), the first 

sentence of paragraphs, (c)(5)(ii)(B), 

(c)(6)(ii)(B), (c)(7)(ii)(C), (c)(8)(ii)(B), 

(c)(9)(ii)(B), (d)(6)(ii)(D), (d)(7)(ii)(D), 

(i)(3)(i)(B)(1)(i), (i)(3)(i)(B)(2)(i), and the 

second sentence of (d)(1)(i) to read as 

follows: 

§ 229.3 Atlantic large whale take reduction 

plan regulations. 

(a)* * * 

(4) Sinking groundline exemption. 

The fisheries regulated under this 

section are exempt from the requirement 

to have groundlines composed of 

sinking line if their groundline is at a 

depth equal to or greater than 280 

fathoms (1,680 ft or 512.1 m) (as shown 

on NOAA charts 13200 (Georges Bank 

and Nantucket Shoals, 1:400,000), 

12300 (NY Approaches—Nantucket 

Shoals to Five Fathom Bank, 1:400,000), 

12200 (Cape May to Cape Hatteras, 

1:419,706), 11520 (Cape Hatteras to 

Charleston, 1:432,720), 11480 

(Charleston Light to Cape Canaveral, 

1:449,659) and 11460(Cape Canaveral to 

Key West, 1:466,940)). 

* * * * * 

(c)* * * 

(2)* * * 

(ii)* * * 

(D) Buoy lines. All buoy lines must be 

composed of sinking line except the 

bottom portion of the line, which may 

be a section of floating line not to 

exceed one-third the overall length of 

the buoy line. 

(E) Groundlines. All groundlines must 

be composed entirely of sinking line. 

The attachment of buoys, toggles, or 

other floatation devices to groundlines 

is prohibited. 

* * * * * 

(5)* * * 

(ii)* * * 

(B) Groundlines. On or before April 5, 

2009, all groundlines must be composed 

entirely of sinking line unless exempted 

from this requirement under paragraph 

(a)(4) of this section. * * * 

* * * * * 

(6) * * * 

(ii) * * * 

(B) Groundlines. On or before April 5, 

2009, all groundlines must be composed 

entirely of sinking line unless exempted 

for this requirement under paragraph 

(a)(4) of this section. * * * 

* * * * * 

(7) * * * 

(ii) * * * 

(C) Groundlines. On or before April 5, 

2009, all groundlines must be composed 

entirely of sinking line unless exempted 

from this requirement under paragraph 

(a)(4) of this section. * * * 

* * * * * 

(8) * * * 

(ii) * * * 

(B) Groundlines. On or before April 5, 

2009, all groundlines must be composed 

entirely of sinking line unless exempted 

from this requirement under paragraph 

(a)(4) of this section. * * * 

* * * * * 

(9) * * * 

(ii) * * * 

(B) Groundlines. On or before April 5, 

2009, all groundlines must be composed 

entirely of sinking line unless exempted 

from this requirement under paragraph 

(a)(4) of this section. * * * 

* * * * * 

(d) * * * 

(1) * * * 

(i) * * * If more than one buoy is 

attached to a single buoy line or if a 

high flyer and a buoy are used together 

on a single buoy line, sinking line must 

be used between these objects. 

* * * * * 

(6) * * * 

(ii) * * * 

(D) Groundlines. On or before October 

5, 2008, all groundlines must be 

composed entirely of sinking line unless 

exempted from this requirement under 

paragraph (a)(4) of this section. * * * 

* * * * * 

(7) * * * 

(ii) * * * (D) Groundlines. On or 

before October 5, 2008, all groundlines 

must be composed entirely of sinking 

line unless exempted from this 

requirement under paragraph (a)(4). * * 

* 

* * * * * 

(i) * * * 

(3) * * * 

(i) * * * 

(B) * * * 

(1) Anchored gillnet gear—(i) 

Groundlines. All groundlines must be 


dwashington3 on PRODPC61 with PROPOSALS
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules 32281 

made entirely of sinking line. Floating 

groundlines are prohibited. * * * 

* * * * * 

(2) Trap/pot gear—(i) Groundlines. 

All groundlines must be made entirely 

of sinking line. Floating groundlines are 

prohibited. * * * 

* * * * * 

[FR Doc. 08–1326 Filed 6–3–08; 2:14 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

RIN 0648–AU28 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery off the Southern 

Atlantic States; Amendment 14 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of Availability of an 

amendment to a fishery management 

plan; request for comments. 

SUMMARY: The South Atlantic Fishery 

Management Council (Council) has 

submitted Amendment 14 to the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP) for review, approval, and 

implementation by NMFS. The 

amendment would establish eight Type 

2 marine protected areas (MPAs) in 

which fishing for or possession of 

snapper-grouper species would be 

prohibited, but other types of legal 

fishing would be allowed. The MPAs 

would be located in the following areas: 

one off southern North Carolina, three 

off South Carolina, one off Georgia, and 

three off Florida, and range from 5 by 

10 nautical miles to 22 by 23 nautical 

miles in area. Amendment 14 also 

proposes to prohibit the use of shark 

bottom longlines within the MPAs, 

however, NMFS is proposing to 

implement the prohibition of shark 

bottom longlines through separate 

rulemaking. If implemented, these 

measures are expected to enhance the 

optimum size, age and genetic structure 

of slow growing long-lived deepwater 

grouper species. 

DATES: Written comments will be 

accepted through August 5, 2008. 

ADDRESSES: You may submit comments, 

identified by 0648–AU28, by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 727–824–5308, Attn: Kate 

Michie. 

• Mail: Kate Michie, NMFS Southeast 

Regional Office, Sustainable Fisheries 

Division, 263 13th Avenue South, St. 

Petersburg, FL 33701. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments. Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only.Copies of 

Amendment 14 may be obtained from 

the South Atlantic Fishery Management 

Council, 4055 Faber Place, Suite 201, 

North Charleston, South Carolina 29405; 

phone: 843–571–4366 or toll free at 1–

866–SAFMC–10; fax: 843–769–4520; email: safmc@safmc.net. Amendment 14 

includes a Final Environmental Impact 

Statement, a Biological Assessment, an 

Initial Regulatory Flexibility Analysis, a 

Regulatory Impact Review, and Social 

Impact Assessment/Fishery Impact 

Statement. 

FOR FURTHER INFORMATION CONTACT: Kim 

Iverson, Public Information Officer, 

South Atlantic Fishery Management 

Council; toll free 1–866–SAFMC–10 or 

843–571–4366; kim.iverson@safmc.net. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery off the southern 

Atlantic states is managed under the 

FMP. The FMP was prepared by the 

Council and is implemented under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

The Magnuson-Stevens Act requires a 

regional fishery management council to 

submit an amendment to a fishery 

management plan to NMFS for review, 

approval, disapproval, or partial 

approval. The Magnuson-Stevens Act 

also requires that NMFS, upon receiving 

an amendment, publish a notice in the 

Federal Register stating that the 

amendment is available for public 

review and comments. 

Background 

Many snapper-grouper species are 

vulnerable to overfishing because they 

are long-lived (e.g., snowy grouper, 

golden tilefish, red snapper, gag, scamp, 

red grouper, and red porgy); they are 

protogynous, i.e., they may change sex 

from females to males as they grow 

older/larger (e.g., snowy grouper, 

speckled hind, Warsaw grouper, 

yellowedge grouper, gag, scamp, red 

porgy, and black sea bass); they form 

spawning aggregations (e.g., snowy 

grouper, gag, scamp, and red snapper); 

and they suffer high release mortality 

when taken from deep water. Deepwater 

snapper-grouper species (speckled hind, 

snowy grouper, Warsaw grouper, 

yellowedge grouper, misty grouper, 

golden tilefish, and blueline tilefish) are 

most vulnerable to overfishing because 

they live longer than 50 years, do not 

survive the trauma of capture, and are 

protogynous (groupers) or exhibit sexual 

dimorphism, i.e., males and females 

grow at different rates (tilefishes). 

Stock assessments indicate that black 

sea bass, red porgy, and snowy grouper 

are overfished, i.e., spawning stock 

biomass is not sufficient to reproduce 

and support continued productivity. In 

addition, black sea bass, golden tilefish, 

snowy grouper, and vermilion snapper 

are experiencing overfishing, i.e., the 

current rate of fishing mortality 

jeopardizes the capacity of the fishery to 

produce its maximum sustainable yield 

on a continuing basis. Reductions in 

catch and protection of habitat are 

needed. 

Proposed Measures 

This amendment and its 

implementing rule would establish eight 

MPAs in which a portion of the 

population and habitat of long-lived, 

slow growing, deepwater snappergrouper species would be protected 

from directed fishing pressure. Fishing 

for or possession of South Atlantic 

snapper-grouper would be prohibited in 

the MPAs. However, the prohibition on 

possession would not apply to a person 

aboard a vessel that is in transit with 

fishing gear appropriately stowed. 

MPAs are considered to be an effective 

fishery management tool that would 

allow deepwater snapper-grouper to 

reach a more natural sex ratio, age, and 

size structure. They are also expected to 

protect spawning locations, and provide 

a refuge for early developmental stages 

of fish species. 

The prohibition of use of shark 

bottom longlines in the MPAs is 

considered necessary for habitat 

protection and to prevent the mortality 

of incidentally caught snapper-grouper. 

The Council voted to include this 

measure in an effort to address 

enforcement concerns regarding the 

similarity between snapper-grouper 


dwashington3 on PRODPC61 with PROPOSALS