23186 Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Rules and Regulations 

Approved critical uses Approved critical user and location of use 

Limiting critical conditions that exist, or that the approved critical user reasonably expects could arise 

without methyl bromide fumigation 

(b) North Carolina and Tennessee growers ................... Moderate to severe black root rot. 

Moderate to severe root-knot nematode infestation. 

Moderate to severe yellow and purple nutsedge infestation. 

Sweet Potato Slips ............... (a) California growers ...................................................... Local township limits prohibiting 1,3-dichloropropene. 

Tomatoes ............................. (a) Michigan growers ...................................................... Moderate to severe soilborne disease infestation. 

Moderate to severe fungal pathogen infestation. 

(b) Alabama, Arkansas, Florida, Georgia, Kentucky, 

Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia growers.

Moderate to severe yellow or purple nutsedge infestation. 

Moderate to severe soilborne disease infestation. 

Moderate to severe nematode infestation. 

Restrictions on alternatives due to karst topographical 

features and, in Florida, soils not supporting seepage 

irrigation. 

(c) Maryland growers ...................................................... Moderate to severe fungal pathogen infestation. 

POST-HARVEST USES 

Food Processing .................. (a) Rice millers in the U.S. who are members of the 

USA Rice Millers Association.

Moderate to severe beetle, weevil, or moth infestation. 

Presence of sensitive electronic equipment subject to 

corrosion. 

Time to transition to an alternative. 

(b) Pet food manufacturing facilities in the U.S. who are 

members of the Pet Food Institute.

Moderate to severe beetle, moth, or cockroach infestation. 

Presence of sensitive electronic equipment subject to 

corrosion. 

Time to transition to an alternative. 

(c) Members of the North American Millers’ Association 

in the U.S.

Moderate to severe beetle infestation. 

Presence of sensitive electronic equipment subject to 

corrosion. 

Time to transition to an alternative. 

(d) Members of the National Pest Management Association treating processed food, cheese, herbs and 

spices, and spaces and equipment in associated 

processing and storage facilities.

Moderate to severe beetle or moth infestation. 

Presence of sensitive electronic equipment subject to 

corrosion. 

Time to transition to an alternative. 

Commodities ........................ (a) California entities storing walnuts, beans, dried 

plums, figs, raisins, and dates (in Riverside county 

only) in California.

Rapid fumigation required to meet a critical market window, such as during the holiday season. 

Dry Cured Pork Products ..... (a) Members of the National Country Ham Association 

and the Association of Meat Processors, Nahunta 

Pork Center (North Carolina), and Gwaltney and 

Smithfield Inc.

Red legged ham beetle infestation. 

Cheese/ham skipper infestation. 

Dermested beetle infestation. 

Ham mite infestation. 

[FR Doc. 2010–10226 Filed 4–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 100217094–0195–02] 

RIN 0648–AY57 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Red 

Snapper Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement 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 increases the 

commercial and recreational quotas for 

red snapper and closes the recreational 

red snapper component of the Gulf of 

Mexico (Gulf) reef fish fishery at 12:01 

a.m., local time, July 24, 2010. The 

intended effect of this rule is to help 


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Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Rules and Regulations 23187 

achieve optimum yield by relaxing red 

snapper harvest limitations consistent 

with the findings of the recent stock 

assessment for this species. 

DATES: This final rule is effective June 

2, 2010. 

ADDRESSES: Copies of the regulatory 

amendment, which includes an 

environmental assessment and a 

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 

813–348–1711; e-mail 

gulfcouncil@gulfcouncil.org; or may be 

downloaded from the Council’s website 

at http://www.gulfcouncil.org/. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hood, 727–824–5308. 

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 March 30, 2010, NMFS published 

a proposed rule for the regulatory 

amendment and requested public 

comment (75 FR 15665). The proposed 

rule and the regulatory amendment 

outline the rationale for the measures 

contained in this final rule. Additional 

rationale is provided here and in the 

comments and responses section. 

Management Measures Contained in 

this Final Rule 

Revisions to Commercial and 

Recreational Quotas 

The regulatory amendment sets the 

total allowable catch (TAC) for 2010 and 

subsequent fishing years for Gulf red 

snapper at 6.945 million lb (3.150 

million kg). Based on the recent red 

snapper assessment update, the 

overfishing limit (OFL), as endorsed by 

the Council’s Scientific and Statistical 

Committee (SSC) for 2010 is 9.26 

million lb (4.2 million kg). However, 

because there is considerable 

uncertainty around assessment model 

results, the SSC recommended an 

acceptable biological catch (ABC) of 

6.945 million lb (3.150 million kg), 

which is 25 percent below the OFL, to 

account for scientific uncertainty and in 

accordance with the National Standard 

1 Guidelines (74 FR 3178, January 16, 

2009). When setting the TAC for red 

snapper in 2010, the Gulf Council 

cannot exceed the ABC recommended 

by the Council’s SSC. Based on the 

current commercial and recreational 

allocations (51 percent commercial and 

49 percent recreational), red snapper 

TAC is implemented through this final 

rule by setting the commercial quota for 

Gulf red snapper at 3.542 million lb 

(1.607 million kg) and the recreational 

quota at 3.403 million lb (1.544 million 

kg). 

Closure Date of the Recreational Red 

Snapper Fishing Season 

The Magnuson-Stevens Act requires 

NMFS to close the recreational red 

snapper fishery in Federal waters when 

the quota is met or projected to be met. 

Finalized 2009 recreational landings 

data indicate that the recreational red 

snapper quota is projected to be met on 

or by July 23, 2010. Therefore, NMFS 

will close the recreational red snapper 

fishing season at 12:01 a.m., local time, 

July 24, 2010, which constitutes a 53– 

day fishing season. As compared to the 

recreational fishing season under the 

existing 2.45 million lb (1.11 million kg) 

quota, and assuming similar effort and 

catch rates for 2010, the season would 

have been 27 to 34 days. However, 

taking into account the 2.09 million lb 

(0.95 million kg) quota overage in 2009 

and the new 3.403 million lb (1.544 

million kg) quota implemented through 

this final rule, the recreational fishing 

season will remain open for 53 days in 

2010. These management measures 

achieve the goal of National Standard 1 

of the Magnuson-Stevens Act, which 

states that conservation and 

management measures shall prevent 

overfishing while achieving, on a 

continuing basis, the optimum yield for 

the fishery. 

Comments and Responses 

The following is a summary of the 

comments NMFS received on the 

proposed rule and NMFS’ respective 

responses. During the comment period, 

NMFS received 260 comments, 

including 249 from private citizens, 6 

from governmental or civic 

organizations, 4 from recreational 

fishing organizations, and 1 from an 

environmental group. 

Comment 1: The recreational and 

commercial quotas should be increased 

and the season length should either 

match or exceed the 2009 75–day 

season. 

Response: The 2009 red snapper stock 

assessment update indicated that the 

red snapper stock in the Gulf of Mexico 

is improving under the current 

rebuilding plan. This is consistent with 

the observations provided in the 

comments. Although the stock is still 

considered overfished, it is no longer 

undergoing overfishing and harvest 

levels may be increased. 

For the recreational fishery, even 

though the quota will be increased, a 

2010 season of 75 days or more is not 

justified or appropriate. The 75–day 

season in 2009 resulted in an overage of 

the recreational quota by approximately 

2.09 million lb (0.95 million kg). 

Projections indicate that for recreational 

catch to not exceed the new 3.403 

million lb (1.544 million kg) quota in 

2010, the season length may only be 53 

days long. If the quota were to remain 

at 2.45 million lb (1.11 million kg), 

projections indicate the fishery could 

stay open for 27–34 days. 

NMFS used historical landings and 

changes in regulations to project the 

length of the season. Landings 

information are obtained from the 

Marine Recreational Fisheries Statistics 

Survey, including the for-hire charter 

survey; Southeast Fisheries Science 

Center headboat survey; and Texas 

Parks and Wildlife Department charter 

and private/rental creel survey. Season 

lengths are then projected under 

different management scenarios. Details 

of how these data are applied to project 

season length may be found at: http:// 

sero.nmfs.noaa.gov/sf/ 

GulfRedSnapperHomepage.htm. 

Comment 2: The bag limit should be 

increased or the size limit should be 

decreased because the stock condition is 

improving or because of possible 

increases in discards and discard 

mortality from the increased stock 

abundance. 

Response: For the Council and NMFS 

to increase the bag limit or reduce the 

size limit, under an increased quota, the 

trade off would be to reduce the length 

of the season. However, comments 

received in response to the proposed 

rule and comments received by the 

Council requested the season remain 

open for as long as possible. In 

developing the regulatory amendment 

supporting an increase in the total 

allowable catch, the Council decided to 

leave size or bag limits unchanged to 

facilitate lengthening the season. The 

Council and NMFS have addressed 

measures to reduce discard mortality in 

other actions such as the requirement 

for dehookers, circle hooks, and venting 

tools. 

Comment 3: The commercial and 

recreational quotas should be based on 

a total allowable catch of 9.26 million lb 

(4.2 million kg). 

Response: Based on the recent red 

snapper assessment update, the OFL, as 

endorsed by the Council’s SSC for 2010 

is 9.26 million lb (4.2 million kg). The 

OFL is an estimate of the catch level 

above which overfishing is occurring. At 

its February meeting, the Council voted 

on and NMFS is implementing a TAC of 


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23188 Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Rules and Regulations 

6.945 million lb, based on the SSC’s 

ABC recommendation, which is 75 

percent of the OFL. The ABC is a level 

of a stock or stock complex’s annual 

catch that accounts for scientific 

uncertainty in the estimate of OFL. 

Because there is considerable 

uncertainty around assessment model 

results, the SSC determined that setting 

the ABC at 75 percent of the OFL would 

allow the red snapper stock to continue 

to rebuild within the rebuilding plan 

timeframe. Section 302(h)(6) of the 

Magnuson-Stevens Act mandates that 

each Council ‘‘may not exceed the 

fishing level recommendations of its 

SSC’’ and section (g)(1)(B) identifies 

these fishing level recommendation 

categories to include: ‘‘ABC, preventing 

overfishing, maximum sustainable 

yield, and achieving rebuilding 

strategies.’’ Therefore, the greatest level 

of TAC the Council may recommend, 

based on the ABC recommended by the 

SSC, is 6.945 million lb (3.150 million 

kg). 

Comment 4: Any increase in the 

commercial quota should be distributed 

to individual fishing quota (IFQ) 

shareholders who have lower catch 

histories as a result of having Class 2 

licenses (200–lb (90.7–kg) trip limit). 

Response: The current red snapper 

IFQ program distributes increases and 

decreases in the commercial quota 

among IFQ participants based on the 

number of IFQ shares they own. The 

increased commercial quota will be 

distributed proportionately among 

current red snapper IFQ shareholders as 

of the effective date of this final rule, 

pursuant to Amendment 26 to the FMP. 

If any share transfers are pending the 

day the rule becomes effective, 

additional allocation will go to the 

original share holder. To change this 

form of distribution would require a 

plan amendment to the Reef Fish FMP 

and, therefore, is beyond the scope of 

the regulatory amendment and this final 

rule. 

Comment 5: The allocation between 

commercial and recreational sectors 

should be changed to favor the 

recreational fishery. 

Response: Allocations in the red 

snapper component of the Gulf reef fish 

fishery (51 percent commercial and 49 

percent recreational) used in the 

regulatory amendment are based on 

historical percentages harvested by user 

groups during the base period of 1979 

to 1987. To change the current 

allocation would require a plan 

amendment to the FMP and, therefore, 

is beyond the scope of the regulatory 

amendment and this final rule. 

Comment 6: The science upon which 

the recreational season length estimate 

is based is unreliable and should not be 

used to set season length or estimate 

recreational levels relative to the quota. 

Response: The methods and data used 

to project the recreational season length 

are thoroughly reviewed by the 

Southeast Fisheries Science Center to 

ensure best scientific practices are 

followed. In addition, the stock 

assessment used to estimate the 2010 

red snapper season length is based on 

the Southeast Data, Assessment, and 

Review (SEDAR) process. The SEDAR 

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 

SEDAR process seeks improvements in 

the scientific quality of stock 

assessments, including attempts to place 

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. The 

SEDAR process is organized around 

three workshops. The data workshop 

documents, analyzes, and reviews data 

sets to be used for assessment analyses. 

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 

recommends the most appropriate 

values for critical population parameters 

and management considerations. Recent 

assessments of the red snapper stock 

were conducted within this process. All 

workshops and Council-initiated 

meetings to review the assessment were 

open to the public and included 

constituents on the various SEDAR 

panels that reviewed the data and 

provided recommendations on 

management measures. 

Comment 7: The estimate of the 

number of potentially affected entities 

in the for-hire fleet is incorrect; there 

have never been more than 1,350 active 

permits in the fishery. 

Response: In the proposed rule, 

NMFS stated, ‘‘On December 23, 2009, 

there were 1,266 active Gulf reef fish 

for-hire permits’’ and ‘‘Because of the 

extended renewal period, numerous 

permits may be expired but renewable 

at any given time of the year. It is 

estimated that the total number of 

permits (and associated vessels) active 

for some portion of the entire calendar 

year is a few hundred more than the 

number of permits active on any given 

date.’’ When the moratorium on for-hire 

reef fish permits was established in 

2003, NMFS initially issued 1,625 

moratorium reef fish permits. NMFS 

agrees the number of permits issued has 

continually declined since then. Since 

publication of the proposed rule, NMFS 

has tabulated the number of unique reef 

fish for-hire permits that were valid 

(non-expired) and, therefore, able to be 

fished during the 2009 calendar year. 

This number is 1,424, or 158 more than 

the number of active permits reported in 

the proposed rule. NMFS believes that 

some confusion regarding the 

appropriate totals may be attributed to 

conflicting definitions of the term 

‘‘active’’ in the context of a permit. The 

NMFS definition of the term ‘‘active’’ 

refers to a non-expired permit at a point 

in time, and does not necessarily denote 

a permit for a vessel that actively fished. 

It is possible that the comment referred 

to the number of permits for vessels that 

actively fished rather than the number 

of valid permits. Because logbooks are 

not required in this sector, available 

data do not allow determination of the 

number of permits for vessels that 

actually fished. 

Comment 8: Although the recreational 

quota is being increased, a reduced 

season will cause economic harm to 

fishing communities dependent on 

recreational fishing. 

Response: The 2010 season will be 

shorter than the 2009 season. However, 

the 2009 season is not the appropriate 

baseline to use for analysis of the effects 

of the 2010 TAC increase. The 

recreational sector exceeded the red 

snapper quota by approximately 2.09 

million lb (0.95 million kg) in 2009. 

Section 407(d) of the Magnuson-Stevens 

Act mandates NMFS to close the 

recreational red snapper component of 

the Gulf reef fish fishery when the red 

snapper quota is met or projected to be 

met. Therefore, the correct baseline for 

analysis of the expected effects of the 

2010 TAC increase is the season that 

would be expected to occur in the 

absence of the TAC increase and not the 

75–day season that occurred in 2009. As 

a result, while the 2010 season will be 

shorter than the 2009 season and fishing 

may not be as profitable, the 2010 

season will be longer than the season 

that would occur in the absence of the 

TAC increase, and economic benefits to 

fishing communities will increase 

relative to conditions that would occur 

in 2010 in the absence of the TAC 

increase. 

Classification 

The Administrator, Southeast Region, 

NMFS, determined that the regulatory 

amendment is necessary for the 


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Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Rules and Regulations 23189 

conservation and management of the red 

snapper component of the Gulf reef fish 

fishery 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. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: April 27, 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 § 622.42, paragraphs (a)(1)(i) 

introductory text and (a)(2)(i) are 

revised to read as follows: 

§ 622.42 Quotas. 

* * * * * 

(a) * * * 

(1) * * * 

(i) Red snapper -3.542 million lb 

(1.607 million kg), round weight. 

* * * * * 

(2) * * * 

(i) Recreational quota for red snapper. 

The recreational quota for red snapper 

is 3.403 million lb (1.544 million kg), 

round weight. 

* * * * * 

[FR Doc. 2010–10238 Filed 4–28–10; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0911161406–0195–04] 

RIN 0648–AY37 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Individual Fishing 

Quota Program; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects the 

SUPPLEMENTARY INFORMATION 

section to a final rule published in the 

Federal Register on April 20, 2010, 

which erroneously waived the 30 day 

delay in effective date. A 30–day delay 

in effectiveness will allow fishermen to 

come into compliance with the terms of 

the rule, as was originally intended, 

without compromising any other aspect 

of the fishery. NMFS will not enforce 

the requirement that owners be onboard 

vessels unless otherwise required by 

statute or regulation. 

DATES: Effective May 3, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Patsy A. Bearden, 907–586–7228. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

In the final rule, published on April 

20, 2010, that revised the Individual 

Fishing Quota Program for the sablefish 

and halibut fisheries off Alaska (75 FR 

20526), make the following correction in 

the SUPPLEMENTARY INFORMATION 

section. On page 20527, in the second 

column, delete this paragraph: 

‘‘For the same reasons, the AA finds 

good cause under 5 U.S.C. 553(d)(3) to 

waive the 30 day delay in effective 

date.’’ 

Dated: April 27, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2010–10237 Filed 4–28–10; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131362–0087–02] 

RIN 0648–XW20 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Deep-Water Species 

Fishery by Vessels Using Trawl Gear in 

the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for species that comprise the 

deep-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA). This action is necessary because 

the second seasonal apportionment of 

the Pacific halibut bycatch allowance 

specified for the deep-water species 

fishery in the GOA has been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 28, 2010, through 

1200 hrs, A.l.t., July 1, 2010. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The second seasonal apportionment 

of the Pacific halibut bycatch allowance 

specified for the deep-water species 

fishery in the GOA is 300 metric tons as 

established by the final 2010 and 2011 

harvest specifications for groundfish of 

the GOA (75 FR 11749, March 12, 2010), 

for the period 1200 hrs, A.l.t., April 1, 

2010, through 1200 hrs, A.l.t., July 1, 

2010. 

In accordance with § 679.21(d)(7)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the second 

seasonal apportionment of the Pacific 

halibut bycatch allowance specified for 

the trawl deep-water species fishery in 

the GOA has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for the deep-water 

species fishery by vessels using trawl 

gear in the GOA. The species and 


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