62488 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 

at http://www.socialsecurity.gov/ 

compassionateallowances/. 

ADDRESSES: You may submit written 

comments about the compassionate 

allowances initiative with respect to 

adults and children with cardiovascular 

disease and multiple organ transplants, 

as well as topics covered at the hearing 

by: 

(1) e-mail addressed to 

Compassionate.Allowances@ssa.gov; or 

(2) mail to Jamillah Jackson, Deputy 

Director, Office of Compassionate 

Allowances and Disability Outreach, 

ODP, ORDP, Social Security 

Administration, 4671 Annex Building, 

6401 Security Boulevard, Baltimore, MD 

21235–6401. We welcome your 

comments, but we may not respond 

directly to comments sent in response to 

this notice of hearing. 

FOR FURTHER INFORMATION CONTACT: 

Compassionate.Allowances@ssa.gov. 

You may also mail inquiries about this 

hearing to Jamillah Jackson, Deputy 

Director, Office of Compassionate 

Allowances and Disability Outreach, 

ODP, ORDP, Social Security 

Administration, 4671 Annex Building, 

6401 Security Boulevard, Baltimore, MD 

21235–6401. For information on 

eligibility or filing for benefits, call our 

national toll-free number 1–800–772– 

1213 or TTY 1–800–325–0778, or visit 

Social Security online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Under titles II and XVI of the Act, we 

pay benefits to individuals who meet 

our rules for entitlement and have 

medically determinable physical or 

mental impairments that are severe 

enough to meet the definition of 

disability in the Act. The rules for 

determining disability can be very 

complicated, but some individuals have 

such serious medical conditions that 

their conditions obviously meet our 

disability standards with minimal 

objective medical evidence alone. To 

better address the needs of these 

individuals, we are looking into ways to 

allow benefits as quickly as possible 

based on minimal objective medical 

information. 

Will We Respond to Your Comments? 

We will carefully consider your 

comments, although we will not 

respond directly to comments sent in 

response to this notice or the hearing. 

Additional Hearings 

We have held five hearings since 

December 2007. These hearings were on 

rare diseases, cancers, traumatic brain 

injury and stroke, early-onset 

Alzheimer’s disease and related 

dementias and schizophrenia. You may 

access the transcripts of the hearings at 

http://www.socialsecurity.gov/ 

compassionateallowances/. We plan to 

hold additional hearings on other 

conditions and will announce those 

hearings later with notices in the 

Federal Register. 

(Catalog of Federal Domestic Assistance 

Programs Nos. 96.001, Social Security— 

Disability Insurance; 96.006, Supplemental 

Security Income.) 

Michael J. Astrue, 

Commissioner of Social Security. 

[FR Doc. 2010–25503 Filed 10–8–10; 8:45 am] 

BILLING CODE 4191–02–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. RM 2010–3] 

Refunds Under the Cable Statutory 

License 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of proposed rulemaking; 

correction. 

SUMMARY: The Copyright Office 

published in the Federal Register of 

October 4, 2010, a notice of proposed 

rulemaking concerning refunds under 

the cable statutory license. This 

document corrects the date for 

submitting reply comments. 

FOR FURTHER INFORMATION CONTACT: Ben 

Golant, Assistant General Counsel, and 

Tanya M. Sandros, Deputy General 

Counsel, Copyright GC/I&R, P.O. Box 

70400, Washington, DC 20024. 

Telephone: (202) 707–8380. Telefax: 

(202) 707–8366. 

Correction 

In proposed rule RM 2010–3, make 

the following correction in the Dates 

section. On page 61117 in the 2nd 

column, correct the DATES caption to 

read: 

DATES: Written comments must be 

received in the Office of the General 

Counsel of the Copyright Office no later 

than November 3, 2010. Reply 

comments must be received in the 

Office of the General Counsel of the 

Copyright Office no later than December 

3, 2010. 

Dated: October 6, 2010. 

Tanya Sandros, 

Deputy General Counsel, U.S. Copyright 

Office. 

[FR Doc. 2010–25652 Filed 10–8–10; 8:45 am] 

BILLING CODE 1410–30–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 0907271173–0475–02] 

RIN 0648–AY11 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery off the Southern 

Atlantic States; Amendment 17B 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues this proposed 

rule to implement Amendment 17B to 

the Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (FMP), as prepared and 

submitted by the South Atlantic Fishery 

Management Council (Council). This 

proposed rule would, for South Atlantic 

snapper-grouper, establish annual catch 

limits (ACLs), and accountability 

measures (AMs) for eight snappergrouper species undergoing overfishing; 

modify management measures to limit 

total mortality of those species to the 

ACL; and add ACLs, annual catch 

targets (ACTs), and AMs to the 

management measures that may be 

amended via the framework procedure. 

This proposed rule is intended to 

address overfishing of eight snappergrouper species while maintaining catch 

levels consistent with achieving 

optimum yield. 

DATES: Written comments on this 

proposed rule must be received no later 

than 5 p.m., Eastern Time, on November 

26, 2010. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–AY11, by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal http:// 

www.regulations.gov. 

• Mail: Kate Michie, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: No comments will be 

posted for public viewing until after the 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62489 

conclusion of the comment period. 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. 

To submit comments through the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov, enter ‘‘NOAA– 

NMFS–2010–0091’’ in the keyword 

search, then check the box labeled 

‘‘Select to find documents accepting 

comments or submissions’’, then select 

‘‘Send a Comment or Submission.’’ 

NMFS will accept anonymous 

comments. Enter N/A in the required 

field if you wish to remain anonymous. 

Attachments to electronic comments 

will be accepted in Microsoft Word, 

Excel, WordPerfect, or Adobe PDF file 

formats only. 

Comments received through means 

not specified in this rule will not be 

considered. 

Copies of Amendment 17B may be 

obtained from the South Atlantic 

Fishery Management Council, 4055 

Faber Place, Suite 201, North 

Charleston, SC 29405; phone: 843–571– 

4366 or 866–SAFMC–10 (toll free); fax: 

843–769–4520; e-mail: 

safmc@safmc.net. Amendment 17B 

includes an Environmental Assessment 

(EA), an Initial Regulatory Flexibility 

Analysis (IRFA), a Regulatory Impact 

Review, and a Social Impact 

Assessment/Fishery Impact Statement. 

FOR FURTHER INFORMATION CONTACT: Kate 

Michie, telephone: 727–824–5305. 

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. 

Background 

The 2006 revisions to the MagnusonStevens Act require that by 2010, FMPs 

for the fisheries determined by the 

Secretary to be subject to overfishing 

must establish a mechanism of 

specifying ACLs at a level that prevents 

overfishing and does not exceed the 

fishing level recommendation of the 

respective Council’s Scientific and 

Statistical Committee or other 

established peer review processes. 

In the South Atlantic snapper-grouper 

fishery there are nine species currently 

undergoing overfishing including: 

speckled hind, warsaw grouper, snowy 

grouper, golden tilefish, black sea bass, 

red grouper, gag, vermilion snapper, and 

red snapper. Amendment 17B includes 

actions to establish ACLs for eight of 

these species, as well as black grouper, 

which is neither overfished nor 

undergoing overfishing. Red snapper 

overfishing is being addressed 

separately in Amendment 17A to the 

FMP. 

An ACL is the level of annual catch 

of a stock or stock complex that is set 

to prevent overfishing from occurring. 

An ACL that is met or exceeded serves 

the basis for triggering an AM. ACLs 

may incorporate management and 

scientific uncertainty, and take into 

account the amount of data available 

and level of vulnerability to overfishing 

for each species. Separate ACLs may be 

established for each sector of a fishery, 

i.e., commercial and recreational. 

However, the combined total of all 

sector ACLs may not exceed the total 

ACL for a species or species complex. 

Management Measures Contained in 

This Proposed Rule 

Speckled Hind and Warsaw Grouper 

ACLs 

For specked hind and warsaw 

grouper, the proposed ACL is zero 

(landed catch). This ACL would 

prohibit all harvest and possession of 

speckled hind and warsaw grouper 

regardless of the depth where they are 

caught. In order to maintain an ACL of 

zero for these two species, all fishing for 

and possession of deepwater snappergrouper species (snowy grouper, 

blueline tilefish, yellowedge grouper, 

misty grouper, queen snapper, and silk 

snapper) would be prohibited beyond a 

depth of 240 ft (73 m). By prohibiting 

harvest and possession of these cooccurring species, fishing mortality of 

speckled hind and warsaw grouper is 

expected to decrease. 

Golden Tilefish 

Allocations 

In order to set sector ACLs for golden 

tilefish, the Council first designated 

appropriate sector allocations for the 

species. The recreational and 

commercial allocations were based on 

landings data from the Accumulated 

Landings System, Marine Recreational 

Fishing Statistics Survey, and headboat 

databases. The allocations would be 

defined using the following formula for 

each sector: Sector apportionment = (50 

percent * average of long catch range 

(lb) 1986–2008) + (50 percent * average 

of recent catch trend (lb) 2006–2008). 

The allocation would be 97 percent 

commercial and 3 percent recreational. 

Amendment 15B defined MSY as the 

yield produced by FMSY (fishing 

mortality at maximum sustainable 

yield), which is considered a fixed 

fishing exploitation rate. The value of 

maximum sustainable yield (MSY) for 

golden tilefish is 300, 379 lb (136, 250 

kg) gutted weight. Beginning in 2010, 

and corresponding to the yield at FMSY, 

the commercial allocation would be 

291,369 lb (132,160 kg) gutted weight 

and the recreational allocation would be 

1,625 fish (derived from 9,011 lb (4,078 

kg)). The conversion rate of recreational 

pounds to the number of fish is 5.545. 

The commercial and recreational 

allocations specified in 2010 would 

remain in effect beyond 2010 until 

modified. 

ACLs 

Separate ACLs are proposed for the 

commercial and recreational sectors for 

golden tilefish. The ACLs would be 

based on the yield associated with FOY

(fishing mortality at optimum yield). 

Amendment 15B defined optimum yield 

(OY) as the yield at 75 percent of FMSY, 

which is equal to FOY. Therefore, the 

commercial and recreational ACLs 

would be reduced from the allocation 

values of 291,369 lb (132,160 kg) gutted 

weight, and 1,625 fish, respectively, to 

282,819 lb (128,284 kg) gutted weight, 

and 1,578 fish, respectively. 

AMs 

Proposed AMs for golden tilefish 

would be applied separately for each 

sector. The commercial sector AM for 

golden tilefish is the previouslyimplemented quota closure provision 

that would prohibit the harvest and 

possession of golden tilefish when the 

ACL is met or projected to be met. All 

purchase and sale would then be 

prohibited, and the prohibition on 

harvest would apply to all federally 

permitted vessels regardless of where 

the golden tilefish are caught, i.e., in 

state or Federal waters. If the 

recreational ACL is met or exceeded, the 

post-season AM for golden tilefish 

would reduce the length of the 

following fishing season by the amount 

necessary to ensure landings do not 

exceed the recreational sector ACL in 

the following fishing year. For this postseason AM, NMFS would compare the 

recreational ACL with recreational 

landings over a range of years. For 2010, 

only 2010 landings would be used. For 

2011, average landings for 2010 and 

2011 would be used. For 2012 and 

beyond, the most recent 3-year running 

average would be used. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
62490 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 

Snowy grouper 

ACLs 

The commercial quota and 

recreational allocation for snowy 

grouper established in Amendment 15B 

to the FMP would be designated as the 

commercial and recreational ACLs, 

respectively, for snowy grouper through 

Amendment 17B. The snowy grouper 

ACL would be 82,900 lb (37,603 kg) 

gutted weight, and the recreational ACL 

for snowy grouper would be 523 fish. 

AMs 

The commercial sector AM for snowy 

grouper is the previously-implemented 

quota closure provision that would 

prohibit the harvest and possession of 

snowy grouper when the ACL is met or 

projected to be met. All purchase and 

sale would then be prohibited, and the 

prohibition on harvest would apply to 

all federally permitted vessels regardless 

of where the snowy grouper are caught, 

i.e., in state or Federal waters. 

In order to maintain the snowy 

grouper harvest level at or below the 

recreational ACL, the recreational AM 

would reduce the snowy grouper bag 

limit from one fish per person per day 

to one fish per vessel per day. If the 

recreational ACL is met or exceeded, the 

post-season AM for snowy grouper 

would be to reduce the length of the 

following fishing season by the amount 

necessary to ensure landings do not 

exceed the recreational sector ACL in 

the following fishing year. For this postseason AM, NMFS would compare the 

recreational ACL with recreational 

landings over a range of years. For 2010, 

only 2010 landings would be used. For 

2011, average landings for 2010 and 

2011 would be used. For 2012 and 

beyond, the most recent 3-year running 

average would be used. 

Gag 

ACLs 

The commercial quota and 

recreational allocation for gag 

established in Amendment 16 to the 

FMP would be designated as the 

commercial and recreational ACLs, 

respectively, for gag through 

Amendment 17B. The commercial ACL 

for gag would be 352,940 lb (160,091 kg) 

gutted weight, and the recreational ACL 

for gag would be 340,060 lb (154,249 kg) 

gutted weight. 

AMs 

The commercial AM for gag is the 

previously-implemented quota closure 

provision that would prohibit the 

harvest and possession of gag when the 

ACL for the species is met or projected 

to be met. All purchase and sale would 

then be prohibited, and the prohibition 

on harvest would apply to all federally 

permitted vessels regardless of where 

the gag are caught, i.e., in state or 

Federal waters. The recreational AM for 

gag would compare the recreational 

ACL for the species with landings over 

a range of years. For 2010, only 2010 

landings would be used. For 2011, 2010 

and 2011 landings would be used. For 

2012 and beyond, a 3-year running 

average would be used. If gag are 

overfished, based on the most recent 

Status of U.S. Fisheries Report to 

Congress, and the sector ACL is met or 

projected to be met, harvest and 

retention of the species would be 

prohibited. If the sector ACL is 

exceeded, independent of stock status, 

the NMFS Assistant Administrator (AA) 

would file a notification with the Office 

of the Federal Register, at or near the 

beginning of the following fishing year, 

to reduce the sector ACL for that fishing 

year by the amount of the overage. 

Gag, Black and Red Grouper Aggregate 

ACLs 

A species group ACL is proposed for 

gag, black grouper, and red grouper. The 

commercial species group ACL or the 

gag commercial ACL would be used to 

trigger an AM for the species group. The 

species group commercial ACL for gag, 

black grouper, and red grouper 

combined would be 662,403 lb (300,461 

kg) gutted weight, and the species group 

recreational ACL would be 648,663 lb 

(294,229 kg) gutted weight. These values 

are equivalent to the expected catch 

resulting from the implementation of 

the commercial quota for gag 

(designated as the commercial ACL in 

Amendment 17B) and the bag limits for 

black and red grouper specified in 

Amendment 16 to the FMP. 

AMs 

When either the gag ACL or the gag, 

black grouper, and red grouper aggregate 

ACL is met or projected to be met, 

commercial harvest and possession of 

all South Atlantic shallow-water 

groupers (gag, black grouper, red 

grouper, scamp, red hind, rock hind, 

yellowmouth grouper, tiger grouper, 

yellowfin grouper, graysby, and coney) 

would be prohibited. Additionally, all 

purchase and sale of shallow-water 

groupers would be prohibited when the 

ACL is met or projected to be met, and 

the prohibition on harvest would apply 

to all federally permitted vessels 

regardless of where the gag, black 

grouper, and red grouper are caught, i.e., 

in state or Federal waters. The 

recreational AM for gag, black grouper 

and red grouper would compare the 

recreational ACL for the species group 

with landings over a range of years. For 

2010, only 2010 landings would be 

used. For 2011, 2010 and 2011 landings 

would be used. For 2012 and beyond, a 

3-year running average would be used. 

If one of these species is overfished, 

based on the most recent Status of U.S. 

Fisheries Report to Congress, and the 

group recreational ACL is met or 

projected to be met, harvest and 

retention of the species group would be 

prohibited. If the group recreational 

ACL is exceeded, independent of stock 

status, the AA would file a notification 

with the Office of the Federal Register, 

at or near the beginning of the following 

fishing year, to reduce the group ACL 

for that fishing year by the amount of 

the overage. 

Black Sea Bass 

ACLs 

The commercial quota and 

recreational allocation for black sea bass 

established in Amendment 13C to the 

FMP would be designated as the 

commercial and recreational ACLs, 

respectively, for black sea bass through 

Amendment 17B. The commercial ACL 

for black sea bass would be 309,000 lb 

(140,160 kg) gutted weight, and the 

recreational ACL for black sea bass 

would be 409,000 lb (185,519 kg) gutted 

weight. 

AMs 

The commercial AM for black sea bass 

is the previously-implemented quota 

closure provision that would prohibit 

harvest and possession of black sea bass 

when the ACL for the species is met or 

projected to be met. All purchase and 

sale would then be prohibited, and the 

prohibition on harvest would apply to 

all federally permitted vessels regardless 

of where the black sea bass are caught, 

i.e., in state or Federal waters. The 

recreational AM for black sea bass 

would compare the recreational ACL for 

the species with landings over a range 

of years. For 2010, only 2010 landings 

would be used. For 2011, 2010 and 2011 

landings would be used. For 2012 and 

beyond, a 3-year running average would 

be used. If black sea bass are overfished, 

based on the most recent Status of U.S. 

Fisheries Report to Congress, and the 

sector ACL is met or projected to be met, 

harvest and retention of the species 

would be prohibited. If the sector ACL 

is exceeded, independent of stock 

status, the AA would file a notification 

with the Office of the Federal Register, 

at or near the beginning of the following 

fishing year, to reduce the sector ACL 

for that fishing year by the amount of 

the overage. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62491 

Vermilion Snapper 

ACLs 

The commercial quota and 

recreational allocation for vermilion 

snapper established in Amendment 16 

to the FMP would be designated as the 

commercial and recreational ACLs, 

respectively, for vermilion snapper 

through Amendment 17B. The 

commercial ACL for vermilion snapper 

would be 315,523 lb (143,119 kg) gutted 

weight (January–June) and 302,523 lb 

(137,222 kg) gutted weight (July– 

December), and the recreational ACL for 

vermilion snapper would be 307,315 lb 

(139,396 kg) gutted weight. 

AMs 

The commercial AM for vermilion 

snapper is the previously-implemented 

quota closure provision that would 

prohibit harvest and possession of 

vermilion snapper when the ACL for the 

species is met or projected to be met. All 

purchase and sale would then be 

prohibited, and the prohibition on 

harvest would apply to all federally 

permitted vessels regardless of where 

the vermilion snapper are caught, i.e., in 

state or Federal waters. The recreational 

AM for vermilion snapper would 

compare the recreational ACL for the 

species with landings over a range of 

years. For 2010, only 2010 landings 

would be used. For 2011, 2010 and 2011 

landings would be used. For 2012 and 

beyond, a 3-year running average would 

be used. If vermilion snapper are 

overfished, based on the most recent 

Status of U.S. Fisheries Report to 

Congress, and the sector ACL is met or 

projected to be met, harvest and 

retention of the species would be 

prohibited. If the sector ACL is 

exceeded, independent of stock status, 

the AA would file a notification with 

the Office of the Federal Register, at or 

near the beginning of the following 

fishing year, to reduce the sector ACL 

for that fishing year by the amount of 

the overage. 

Framework Procedure Modifications 

To facilitate timely adjustments to 

National Standard 1 harvest parameters, 

the Council has added the ability to 

adjust ACLs and AMs, and establish and 

adjust target catch levels, including 

ACTs, to the current framework 

procedures. These adjustments or 

additions may be accomplished through 

a regulatory amendment which is less 

time intensive than an FMP 

amendment. By including ACLs, AMs, 

and ACTs in the framework procedure 

for specifying total allowable catch, the 

Council and NMFS would have the 

flexibility to expeditiously alter those 

harvest parameters as new scientific 

information becomes available. 

Availability of Amendment 17B 

Additional background and rationale 

for the measures discussed above are 

contained in Amendment 17B. The 

availability of Amendment 17B was 

announced in the Federal Register on 

September 22, 2010, (75 FR 57734). 

Written comments on Amendment 17B 

must be received by November 22, 2010. 

All comments received on Amendment 

17B or on this proposed rule during 

their respective comment periods will 

be addressed in the preamble to the 

final rule. 

Additional Measures Contained in This 

Proposed Rule 

The final rule for Amendment 15B to 

the FMP, published on November 16, 

2009 (75 FR 58902), added regulatory 

language in § 622.45(d)(1) that states, 

‘‘South Atlantic snapper-grouper 

harvested or possessed in the EEZ on 

board a vessel that does not have a valid 

commercial permit for South Atlantic 

snapper-grouper, as required under 

§ 622.4(a)(2)(vi), * * * may not be sold 

or purchased.’’ However, this 

requirement was inadvertently not 

codified in the permits section, under 

§ 622.4(a)(2)(vi), at that time. This rule 

proposes to revise ’ 622.4(a)(2)(vi) with 

the regulatory language that should have 

been added through the final rule for 

Amendment 15B. 

This rule also proposes to revise 

regulatory language in § 622.9 that was 

implemented in the final rule for 

Amendment 7 to the FMP for the 

Shrimp Fishery in the South Atlantic 

Region (Shrimp FMP) (74 FR 50699, 

October 1, 2009). The final rule removed 

the requirement for a limited access 

endorsement to fish for and possess 

South Atlantic rock shrimp. The 

endorsements expired on January 27, 

2010. However, the regulatory language 

contained in § 622.9(a)(1) did not 

include this expiration date, and there 

was some confusion among stakeholders 

as to whether rock shrimp fishermen 

were still required to have the 

endorsement. This rule proposes to 

remove reference to the requirement for 

the rock shrimp endorsement in the 

VMS regulations because the 

endorsement is no longer required for 

this fishery. 

These additional revisions are 

unrelated to the actions contained in 

Amendment 17B. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator (AA) has 

determined that this proposed rule is 

consistent with the FMP subject to this 

rulemaking, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

NMFS prepared an IRFA, as required 

by section 603 of the Regulatory 

Flexibility Act, for this proposed rule. 

The IRFA describes the economic 

impact this proposed rule, if adopted, 

would have on small entities. A 

description of the action, why it is being 

considered, and the objectives of, and 

legal basis for this action are contained 

at the beginning of this section in the 

preamble and in the SUMMARY section 

of the preamble. A copy of the full 

analysis is available from the Council 

(see ADDRESSES). A summary of the 

IRFA follows. 

The proposed rule would introduce 

several changes to the management of 

the South Atlantic snapper-grouper 

fishery. This rule would establish an 

ACL of zero for speckled hind and 

warsaw grouper and prohibit fishing for 

and possession of snowy grouper, 

blueline tilefish, yellowedge grouper, 

warsaw grouper, speckled hind, misty 

grouper, queen snapper, and silk 

snapper beyond a depth of 240 ft (73 m). 

This rule would establish a 97 percent 

commercial and 3 percent recreational 

allocation of golden tilefish. This rule 

would establish a commercial ACL 

(quota) for golden tilefish of 282,819 lb 

(128,284 kg) gutted weight and 

recreational ACL of 1,578 fish based on 

the chosen allocation for golden tilefish. 

The commercial AM for golden tilefish 

would be to prohibit the harvest, 

possession, purchase, and sale of golden 

tilefish after the quota is met or 

projected to be met. The recreational 

AM is specified as follows: if the ACL 

is exceeded, the AA shall publish a 

notice to reduce the length of the 

following fishing season by the amount 

necessary to ensure landings do not 

exceed the sector ACL in the following 

fishing year. The recreational ACL 

would be compared to recreational 

landings using only 2010 landings for 

2010, an average of 2010 and 2011 

landings for 2011, and a 3-year average 

of landings for 2012 and beyond. This 

rule would establish a recreational daily 

bag limit of one snowy grouper per 

vessel, with a recreational ACL of 523 

fish and a recreational AM specified as 

follows: If the ACL is exceeded, the AA 

shall publish a notice to reduce the 

length of the following fishing season by 

the amount necessary to ensure landings 

do not exceed the sector ACL in the 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
62492 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 

following fishing year. The recreational 

ACL would be compared to recreational 

landings using only 2010 landings for 

2010, an average of 2010 and 2011 

landings for 2011, and a 3-year average 

of landings for 2012 and beyond. This 

rule would establish an aggregate ACL 

(quota) for gag, black grouper, and red 

grouper of 662,403 lb (300,461 kg) 

gutted weight (commercial) and 648,663 

lb (294,229 kg) gutted weight 

(recreational). This rule, however, 

would retain the commercial ACL 

(quota) for gag or 352,940 lb (160,091 

kg) gutted weight and recreational ACL 

for gag of 340,060 lb (154,249 kg) gutted 

weight. This rule would prohibit the 

commercial possession of shallow-water 

groupers (gag, black grouper, red 

grouper, scamp, red hind, rock hind, 

yellowmouth grouper, tiger grouper, 

yellowfin grouper, graysby, and coney) 

when the gag ACL (currently at 352,940 

lb (160,091 kg) gutted weight) or the 

aggregate gag, black grouper, and red 

grouper ACL is met or projected to be 

met. This rule would implement 

recreational AMs for black grouper, 

black sea bass, gag, red grouper, and 

vermilion snapper as follows: If one of 

these species is determined to be 

overfished and the species ACL or group 

ACL is met or projected to be met, 

prohibit the harvest and retention of the 

species or species group. If the ACL is 

exceeded, independent of stock status, 

the AA shall publish a notice to reduce 

the species ACL or group ACL in the 

following fishing season by the amount 

of the overage. The recreational species 

ACL or group ACL would be compared 

to recreational landings using only 2010 

landings for 2010, an average of 2010 

and 2011 landings for 2011, and a 3-year 

running average of landings for 2012 

and beyond. Finally, this rule would 

update the framework procedure for 

specification of Total Allowable Catch 

(TAC) for the FMP to incorporate ACLs, 

ACTs, and AMs. This would give NMFS 

the flexibility to alter those harvest 

parameters through a regulatory 

amendment as new scientific 

information becomes available. 

The Magnuson Stevens Act provides 

the statutory basis for the proposed rule. 

No duplicative, overlapping, or 

conflicting Federal rules have been 

identified. The proposed rule would not 

alter existing reporting, record keeping, 

or other compliance requirements. 

The proposed rule is expected to 

directly affect commercial fishers and 

for-hire operators. The SBA has 

established size criteria for all major 

industry sectors in the U.S. including 

commercial fish harvesters and for-hire 

operations. A business involved in fish 

harvesting is classified as a small 

business if it is independently owned 

and operated, is not dominant in its 

field of operation (including its 

affiliates), and has combined annual 

receipts not in excess of $4.0 million 

(NAICS code 114111, finfish fishing) for 

all its affiliated operations worldwide. 

For for-hire vessels, the other qualifiers 

apply and the annual receipts threshold 

is $7.0 million (NAICS code 713990, 

recreational industries). 

From 2003–2007, an average of 944 

vessels per year was permitted to 

operate in the commercial snappergrouper fishery. Of these vessels, 749 

held transferable permits and 195 held 

non-transferable permits. On average, 

890 vessels landed 6.43 million lb (2.92 

million kg) of snapper-grouper species 

and 1.95 million lb (0.88 million kg) of 

other species on snapper-grouper trips. 

Total dockside revenues from snappergrouper species stood at $13.81 million 

and from other species, at $2.30 million. 

Considering revenues from both 

snapper-grouper and other species, the 

revenues per vessel were approximately 

$18,101. An average of 27 vessels per 

year harvested more than 50,000 lb 

(22,680 million kg) of snapper-grouper 

species per year, generating at least, at 

an average price of $2.15 per pound, 

dockside revenues of $107,500. 

Commercial vessels that operate in the 

snapper-grouper fishery may also 

operate in other fisheries, the revenues 

of which cannot be determined with 

available data and are not reflected in 

these totals. 

Although a vessel that possesses a 

commercial snapper-grouper permit can 

harvest any snapper-grouper species, 

not all permitted vessels or vessels that 

landed snapper-grouper landed all of 

the major species in this amendment. 

The following average number of vessels 

landed the subject species in 2003– 

2007: 292 vessels landed gag, 253 

vessels landed vermilion snapper, 32 

vessels landed speckled hind, 64 vessels 

landed golden tilefish, 160 vessels 

landed snowy grouper, 323 vessels 

landed black grouper, 237 vessels 

landed black sea bass, and 402 vessels 

landed red grouper. Combining 

revenues from snapper-grouper and 

other species on the same trip, the 

average revenue per vessel for vessels 

landing the subject species were 

$20,551 for gag, $28,454 for vermilion 

snapper, $6,250 for speckled hind, 

$17,266 for golden tilefish, $7,186 for 

black grouper, $19,034 for black sea 

bass, and $17,164 for red grouper. 

Based on revenue information, all 

commercial vessels that would be 

affected by the proposed rule are 

considered to be small entities. 

The for-hire fleet is comprised of 

charterboats, which charge a fee on a 

vessel basis, and headboats, which 

charge a fee on an individual angler 

(head) basis. For the period 2003–2007, 

an average of 1,635 vessels was 

permitted to operate in the snappergrouper for-hire fishery, of which 82 are 

estimated to have operated as headboats 

and 1,553 as charter boats. Within the 

total number of vessels, 227 also 

possessed a commercial snappergrouper permit and would be included 

in the summary information provided 

on the commercial sector. The 

charterboat annual average gross 

revenue is estimated to range from 

approximately $62,000–$84,000 for 

Florida vessels, $73,000–$89,000 for 

North Carolina vessels, $68,000–$83,000 

for Georgia vessels, and $32,000– 

$39,000 for South Carolina vessels. For 

headboats, the appropriate estimates are 

$170,000–$362,000 for Florida vessels, 

and $149,000–$317,000 for vessels in 

the other states. 

Based on average revenue figures, all 

for-hire operations that would be 

affected by the proposed rule are 

considered to be small entities. 

Some fleet activity may exist in both 

the commercial and for-hire snappergrouper sectors, but the extent of such 

is unknown and all vessels are treated 

as independent entities in this analysis. 

The measure to establish an ACL of 

zero for speckled hind and warsaw 

grouper, together with the ban on 

fishing for deepwater species cooccurring with these two species, is 

expected to reduce net operating 

revenues of commercial vessels by about 

$292,000. This measure is also expected 

to reduce net operating revenues of forhire vessels by less than $102,000. 

Establishing a 97 percent commercial 

and 3 percent recreational allocation of 

golden tilefish would maintain the longterm and short-term proportional 

landings history of the commercial and 

recreational sectors, with possible small 

short-term changes (depending on the 

ACL) in net operating revenues of both 

commercial and for-hire vessels. At this 

allocation ratio, the corresponding 

commercial ACL (quota) would be 

282,819 lb (128, 284 kg) gutted weight 

and the recreational allocation would be 

1,578 fish (8,747 lb (3,968 kg) gutted 

weight). The golden tilefish commercial 

quota in combination with the AM of 

closing the fishery after the quota is met 

is expected to reduce net operating 

revenues of commercial vessels with 

snapper-grouper permits by about 

$8,000. The recreational allocation is 

expected to result in net revenue 

reductions of for-hire vessels with 

snapper-grouper permits by about 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62493 

$7,000. It is worth noting, however, that 

the reduction in net operating revenues 

of for-hire vessels would not be 

immediate because the recreational AM 

would shorten only the subsequent 

year’s fishing season and only when 

recreational landings over a number of 

years (except for 2010) exceed the ACL. 

Establishing a daily bag limit of one 

snowy grouper per vessel is expected to 

reduce net operating revenues of forhire vessels with snapper-grouper 

permits by about $7,000. This reduction 

in net operating revenues would not be 

immediate because the recreational AM 

would shorten only the subsequent 

year’s fishing season and only when 

recreational landings over a number of 

years (except for 2010) exceed the ACL. 

The combined measures of retaining 

the commercial ACL for gag of 352,940 

lb (160,091 kg) gutted weight, 

establishing an aggregate commercial 

ACL for gag, red grouper, and black 

grouper of 662,403 lb (300,461 kg) 

gutted weight, and closing the fishery 

when the gag ACL or the aggregate ACL 

is reached is expected to reduce net 

operating revenues of commercial 

vessels by about $103,000. For the 

recreational component of the snappergrouper fishery, the combined measures 

of retaining the recreational ACL for gag 

of 340,060 lb (154,249 kg) gutted weight 

and establishing an aggregate 

recreational ACL for gag, red grouper, 

and black grouper of 648,663 lb 

(294,229 kg) gutted weight are not 

expected to affect the net operating 

revenues of for-hire vessels with 

snapper-grouper permits because these 

are the expected landings from 

implementation of previous 

amendments, notably Amendment 16 to 

the FMP. There is a possibility that the 

recreational AM of prohibiting the 

harvest and retention of an overfished 

species (black sea bass, vermilion 

snapper, gag, red grouper, or black 

grouper) when the sector ACL is met or 

projected to be met would have negative 

impacts on for-hire vessels with 

snapper-grouper permits fishing for 

black sea bass. Under this AM, for-hire 

vessels with snapper-grouper permits 

could potentially lose about $860,000 in 

net revenues. This reduction is likely to 

be an overestimate for at least two 

reasons. First, the method used in 

estimating the economic effects on the 

recreational sector likely overestimated 

the number of headboat angler trips 

affected by the measure. Second, the 

trend of recreational black sea bass 

landings has been downwards due to 

the implementation of more restrictive 

measures provided in previous 

amendments. Therefore, using average 

landings over the period 2005–2008 

inflated the landings when compared to 

the ACL. 

Updating the framework procedure 

for specification of TAC has no direct 

effects on the net operating revenues of 

commercial and for-hire vessels with 

snapper-grouper permits. 

The short-term reductions in the net 

revenues of commercial vessels due to 

the proposed rule may be considered 

relatively small. On the recreational 

side, only the AM for black sea bass may 

be considered to have relatively 

substantial economic effects on for-hire 

vessels. 

Five alternatives, including the 

proposed action, were considered for 

establishing an ACL for speckled hind 

and warsaw grouper. The first 

alternative to the proposed action, the 

no action alternative, would not 

conform to the requirements of the 

Magnuson-Stevens Act, as reauthorized 

in 2006, to establish an ACL for the 

subject species. The second alternative 

to the proposed action would establish 

an ACL of 0 for speckled hind and 

warsaw grouper but would not close any 

areas to fishing for deepwater species 

that co-occur with these two species. 

Although this alternative would have 

smaller negative economic effects on 

small entities than the proposed action, 

it would not be sufficient to end 

overfishing of speckled hind and 

warsaw grouper due to discard mortality 

from fishing for other co-occurring 

deepwater species. The third alternative 

to the proposed action is the same as the 

proposed action, except that the fishing 

prohibition for other co-occurring 

deepwater species would apply to all 

depths. In this case, this alternative 

would result in greater negative 

economic effects on small entities than 

the proposed action. The fourth 

alternative to the proposed action is 

similar to the proposed action, except 

that the prohibition on fishing for other 

co-occurring deepwater species would 

be beyond 300 ft (92 m). With smaller 

closed areas, this alternative would 

result in slightly smaller negative 

economic effects on small entities. On 

the other hand, this alternative would 

provide less protection for adult 

speckled hind and warsaw grouper than 

the proposed action. The possibility of 

continued overfishing for the subject 

species may still occur under this 

alternative. 

Four alternatives, including the 

proposed action, were considered for 

the golden tilefish allocation. The first 

alternative to the proposed action, the 

no action alternative, would not 

establish a commercial and recreational 

allocation for golden tilefish. Without a 

defined sector allocation, it would be 

difficult to define sector ACLs and to 

take corrective actions should the sector 

ACLs or overall ACL be exceeded. This 

would weaken the ability of fishery 

managers to effectively manage the 

stock. The second alternative to the 

proposed action would establish a 96 

percent commercial and 4 percent 

recreational allocation. This allocation 

is very close to that provided under the 

proposed action, and thus its economic 

effects would differ only minimally 

from those of the proposed action. This 

alternative uses only the most current 

landings records (2006–2008) while the 

proposed action uses both the long-run 

(1986–2008) and short-run (2006–2008) 

landings history. The third alternative to 

the proposed action would establish a 

50 percent commercial and 50 percent 

recreational allocation. This alternative 

would create significant disruptions to 

the commercial sector operations, and 

thus would impose relatively large costs 

to this sector. The recreational sector 

would stand to gain from this allocation, 

but whether or not the gains to the 

recreational sector would outweigh 

losses to the commercial sector cannot 

be determined. At least in the short-run 

and given the current bag limit of one 

fish per person per day, benefits to the 

recreational sector would be relatively 

small and would not compensate for the 

losses in the commercial sector. Thus, 

the expected net economic effects of this 

alternative in the short-run would be 

negative. 

Five alternatives, including the 

proposed action, were considered for 

the golden tilefish ACL and AM. The 

first alternative to the proposed action, 

the no action alternative, would retain 

the current ACL (quota) for the 

commercial sector based on FMSY and 

would not establish an ACL and AM for 

the recreational sector. The current AM 

would close all fishing for golden 

tilefish once the commercial quota is 

reached. This alternative would not add 

any more fishery restrictions and 

economic losses to the fishery 

participants, but it would be less 

conservative than the proposed action 

in rebuilding the stock. In addition, it 

would provide less flexibility in 

implementing sector-specific AMs. The 

second alternative to the proposed 

action would establish a single 

commercial and recreational ACL which 

would combine the commercial ACL at 

the FOY level and the recreational 

allowable harvest at the OY level. The 

AM would prohibit commercial and 

recreational harvest when the ACL is 

projected to be met. This alternative 

would result in approximately the same 

economic losses to the commercial 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
62494 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 

sector as the proposed action. There is 

some potential for this alternative to 

result in smaller economic losses to the 

recreational sector than the proposed 

action, especially if only the commercial 

landings were effectively monitored 

because then the recreational fishing 

season would remain open longer. But 

to the extent that the AM under this 

alternative would be imposed in-season 

while that of the proposed action only 

in subsequent years, the economic 

effects of this alternative over time 

could very well exceed those of the 

proposed action. The third alternative to 

the proposed action would establish a 

recreational AM of one golden tilefish 

per vessel per day when the single ACL 

(sum of the commercial ACL at the FOY

level and recreational harvest at the OY 

level) is met or projected to be met. This 

alternative is likely to result in smaller 

economic losses to the recreational 

sector than the proposed action by 

maintaining a year-round recreational 

fishing season although at very limited 

bag limit. However, because this 

alternative requires an in-season 

adjustment in lieu of subsequent-year 

adjustments, as under the proposed 

action, the resulting economic losses 

over time due to this alternative could 

exceed those of the proposed action. 

The fourth alternative to the proposed 

action would establish a commercial 

and recreational ACL based on the yield 

at FOY for the commercial fishery. The 

AM for both sectors would be to 

prohibit harvest, possession, and 

retention of golden tilefish when 

commercial landings exceed the ACL. 

This alternative would have the same 

economic effects on the commercial 

sector as the proposed action, but losses 

to the recreational sector would likely 

exceed those of the proposed action. 

Four alternatives, including the 

proposed action, were considered for 

establishing a snowy grouper ACL and 

AM. The first alternative, the no action 

alternative, to the proposed action 

would retain the commercial ACL 

(quota) of 82,900 lb (37,603 kg) gutted 

weight as the ACL based on the current 

TAC of 87,254 lb (39,578 kg) gutted 

weight; would retain the commercial 

AM which is to prohibit harvest, 

possession, and retention of snowy 

grouper when the quota is met or 

projected to be met; would maintain the 

recreational ACL of 523 fish; and, would 

not implement a recreational AM. This 

alternative would not add any 

restrictions to either the commercial or 

recreational sector. The absence of an 

AM for the recreational sector would 

make it difficult to implement sectorspecific adjustments. The second 

alternative to the proposed action would 

establish a single commercial/ 

recreational ACL based on the current 

TAC of 87,254 lb (39,578 kg) gutted 

weight, and the AM for both sectors 

would be a closure of the fishery when 

the ACL is met or projected to be met. 

This alternative may result in slightly 

better economic effects on the 

commercial sector than the proposed 

action or the no action alternative, but 

this slight advantage of the commercial 

sector would come at the expense of the 

recreational sector. In effect, this 

alternative would have slightly larger 

short-run economic losses on the 

recreational sector than the proposed 

action. In addition, this alternative 

would not allow for sector-specific 

adjustments should ACL overages occur. 

The third alternative to the proposed 

action would establish a recreational 

AM of one fish per vessel per day when 

the commercial quota is met or 

projected to be met. The commercial 

AM would be a fishery closure when the 

quota is met. This alternative would 

have similar economic effects on the 

commercial sector as the no action 

alternative and slightly lower short-run 

negative effects on the recreational 

sector than the proposed action. 

However, unlike the proposed action, 

this alternative could result in overages 

in the recreational sector without a 

possible compensating adjustment in 

succeeding years, thereby potentially 

resulting in less protection to the stock. 

Five alternatives, two of which 

comprise the proposed action, were 

considered for the black grouper, black 

sea bass, gag, red grouper, and vermilion 

snapper ACL, AM, and ACT. The 

alternative for establishing commercial 

and recreational ACLs consisted of two 

sub-alternatives, one of which is the 

proposed action. The ACT alternative 

for the recreational sector consisted of 

three sub-alternatives, none of which 

were selected as the proposed action. 

The AM alternative for the recreational 

sector consisted of three subalternatives, one of which is the 

proposed action. The first alternative to 

the proposed action, the no action 

alternative, would retain the 

commercial and recreational ACLs for 

black sea bass, gag, and vermilion 

snapper and would not establish 

commercial and recreational ACLs for 

black grouper and red grouper. This 

alternative would not comply with the 

requirements of the Magnuson-Stevens 

Act, as reauthorized in 2006. The 

second alternative to the proposed 

action (only alternative to the proposed 

action for commercial and recreational 

ACLs) would establish black grouper 

commercial and recreational ACLs of 

86,886 lb (39,411 kg) gutted weight and 

31,863 lb (14,453 kg) gutted weight, 

respectively. It would also establish red 

grouper commercial and recreational 

ACLs of 221,577 lb (100,505 kg) gutted 

weight and 276,740 lb (125,527 kg) 

gutted weight, respectively. This 

alternative would have biological effects 

similar to those of the proposed action. 

However, it could result in slightly 

worse economic effects than the 

proposed action because it would allow 

less flexibility for small entities in 

adjusting their fishing operations with 

respect to gag, black grouper, and red 

grouper. The third alternative to the 

proposed action for the recreational AM 

consisted of two sub-alternatives. The 

first sub-alternative would require the 

RA to reduce the length of the following 

fishing year if the ACL were exceeded 

in the current year. Although this 

alternative would provide less negative 

effects in the short-run, it would 

provide fewer biological benefits than 

the proposed action, particularly with 

respect to overfished species, so as to 

delay further the generation of economic 

benefits from the fishery. The second 

sub-alternative would close the fishery 

if the sector ACT were exceeded for an 

overfished species or species group and 

would require the AA to reduce the 

sector ACT the following year. By not 

selecting any ACT, this alternative 

would not be a viable alternative. If 

ACTs were selected, this alternative 

would likely result in larger short-run 

economic losses than the proposed 

alternative. 

Two alternatives, including the 

proposed action, were considered for 

updating the framework procedure for 

specification of TAC in the FMP to 

incorporate ACLs, ACTs, and AMs. The 

only alternative to the proposed action, 

the no action alternative, would delay 

the implementation or modification of 

ACLs, ACTs, and AMs when new 

scientific information becomes available 

because this would require the FMP 

amendment process which would incur 

more administrative costs than the 

proposed action. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: October 5, 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 proposed 

to be amended as follows: 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62495 

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 revised and 

definitions of ‘‘Deep-water snappergrouper (DWSG)’’ and ‘‘South Atlantic 

shallow-water grouper (SASWG)’’ are 

added in alphabetical order to read as 

follows: 

§ 622.2 Definitions and acronyms. 

* * * * * 

Deep-water grouper (DWG) means, in 

the Gulf, yellowedge grouper, misty 

grouper, warsaw grouper, snowy 

grouper, and speckled hind. In addition, 

for the purposes of the IFQ program for 

Gulf groupers and tilefishes in § 622.20, 

scamp are also included as DWG as 

specified in § 622.20(b)(2)(vi). 

Deep-water snapper-grouper (DWSG) 

means, in the South Atlantic, 

yellowedge grouper, misty grouper, 

warsaw grouper, snowy grouper, 

speckled hind, blueline tilefish, queen 

snapper, and silk snapper. 

* * * * * 

Shallow-water grouper (SWG) means, 

in the Gulf, gag, red grouper, black 

grouper, scamp, yellowfin grouper, rock 

hind, red hind, and yellowmouth 

grouper. In addition, for the purposes of 

the IFQ program for Gulf groupers and 

tilefishes in § 622.20, speckled hind and 

warsaw grouper are also included as 

SWG as specified in § 622.20(b)(2)(v). 

South Atlantic shallow-water grouper 

(SASWG) means, in the South Atlantic, 

gag, black grouper, red grouper, scamp, 

red hind, rock hind, yellowmouth 

grouper, tiger grouper, yellowfin 

grouper, graysby, and coney. 

* * * * * 

3. In § 622.4, the first sentence of 

paragraph (a)(2)(vi) is revised to read as 

follows: 

§ 622.4 Permits and fees. 

(a) * * * 

(2) * * * 

(vi) * * * For a person aboard a 

vessel to be eligible for exemption from 

the bag limits for South Atlantic 

snapper-grouper in or from the South 

Atlantic EEZ, to sell South Atlantic 

snapper-grouper in or from the South 

Atlantic EEZ, to engage in the directed 

fishery for tilefish in the South Atlantic 

EEZ, to use a longline to fish for South 

Atlantic snapper-grouper in the South 

Atlantic EEZ, or to use a sea bass pot in 

the South Atlantic EEZ between 

35°15.19′ N. lat. (due east of Cape 

Hatteras Light, NC) and 28°35.1′ N. lat. 

(due east of the NASA Vehicle 

Assembly Building, Cape Canaveral, 

FL), a commercial vessel permit for 

South Atlantic snapper-grouper must 

have been issued to the vessel and must 

be on board. * * * 

* * * * * 

4. In § 622.9, the first sentence of 

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

follows: 

§ 622.9 Vessel monitoring systems 

(VMSs). 

(a) * * * 

(1) * * * An owner or operator of a 

vessel that has been issued a limited 

access endorsement for South Atlantic 

rock shrimp (until January 27, 2010) or 

a Commercial Vessel Permit for Rock 

Shrimp (South Atlantic EEZ) must 

ensure that such vessel has an operating 

VMS approved by NMFS for use in the 

South Atlantic rock shrimp fishery on 

board when on a trip in the South 

Atlantic. * * * 

* * * * * 

5. In § 622.32, paragraph (c)(3) is 

removed and paragraph (b)(3)(vi) is 

added to read as follows: 

§ 622.32 Prohibited and limited-harvest 

species. 

* * * * * 

(b) * * * 

(3) * * * 

(vi) Speckled hind and warsaw 

grouper may not be harvested or 

possessed in or from the South Atlantic 

EEZ. Such fish caught in the South 

Atlantic EEZ must be released 

immediately with a minimum of harm. 

These restrictions also apply in the 

South Atlantic on board a vessel for 

which a valid Federal commercial or 

charter vessel/headboat permit for 

South Atlantic snapper-grouper has 

been issued, i.e., in state or Federal 

waters. 

* * * * * 

6. In § 622.35, the first sentence of 

paragraph (j) is revised and paragraph 

(o) is added to read as follows: 

§ 622.35 Atlantic EEZ seasonal and/or area 

closures. 

* * * * * 

(j) * * * During January through 

April each year, no person may fish for, 

harvest, or possess in or from the South 

Atlantic EEZ any SASWG (gag, black 

grouper, red grouper, scamp, red hind, 

rock hind, yellowmouth grouper, tiger 

grouper, yellowfin grouper, graysby, and 

coney). * * * 

* * * * * 

(o) Depth closure for deep-water 

snapper-grouper (DWSG). No person 

may fish for or possess DWSG 

(yellowedge grouper, misty grouper, 

warsaw grouper, snowy grouper, 

speckled hind, blueline tilefish, queen 

snapper, and silk snapper) in or from 

the South Atlantic EEZ offshore of 

rhumb lines connecting, in order, the 

following points: 

Point North lat. West long. 

A ........................ 36°31′01′′ 74°48′10′′ 

B ........................ 35°57′29′′ 74°55′49′′ 

C ........................ 35°30′49′′ 74°49′17′′ 

D ........................ 34°19′41′′ 76°00′21′′ 

E ........................ 33°13′31′′ 77°17′50′′ 

F ........................ 33°05′13′′ 77°49′24′′ 

G ....................... 32°24′03′′ 78°57′03′′ 

H ........................ 31°39′04′′ 79°38′46′′ 

I ......................... 30°27′33′′ 80°11′39′′ 

J ........................ 29°53′21′′ 80°16′01′′ 

K ........................ 29°24′03′′ 80°16′01′′ 

L ........................ 28°19′29′′ 80°00′27′′ 

M ....................... 27°32′05′′ 79°58′49′′ 

N ........................ 26°52′45′′ 79°58′49′′ 

O ....................... 26°03′36′′ 80°04′33′′ 

P ........................ 25°31′03′′ 80°04′55′′ 

Q ....................... 25°13′44′′ 80°09′40′′ 

R ........................ 24°59′09′′ 80°19′51′′ 

S ........................ 24°42′06′′ 80°46′38′′ 

T ........................ 24°33′53′′ 81°10′23′′ 

U ........................ 24°25′20′′ 81°50′25′′ 

V ........................ 24°25′49′′ 82°11′17′′ 

W ....................... 24°21′35′′ 82°22′32′′ 

X ........................ 24°21′29′′ 82°42′33′′ 

Y ........................ 24°25′37′′ 83°00′00′′ 

7. In § 622.39, paragraph (d)(1)(ii)(B) 

is revised to read as follows: 

§ 622.39 Bag and possession limits. 

* * * * * 

(d) * * * 

(1) * * * 

(ii) * * * 

(B) No more than one fish per vessel 

may be a snowy grouper; 

8. In § 622.42, revise paragraphs (e)(1), 

(e)(2), (e)(5), and (e)(6); and paragraph 

(e)(8) is added to read as follows: 

§ 622.42 Quotas. 

* * * * * 

(e) * * * 

(1) Snowy grouper—82,900 lb (37,603 

kg). 

(2) Golden tilefish—282,819 lb 

(128,284 kg). 

* * * * * 

(5) Black sea bass—309,000 lb 

(140,160 kg). 

(6) Red porgy—190,050 lb (86,205 kg). 

* * * * * 

(8) Gag, black grouper, and red 

grouper, combined—662,403 lb (300,461 

kg). 

* * * * * 

9. In § 622.43, the heading for 

paragraph (a)(5) and paragraph (a)(5)(iii) 

are revised to read as follows: 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
62496 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 

622.43 Closures. 

(a) * * * 

(5) South Atlantic gag, black grouper, 

red grouper, greater amberjack, snowy 

grouper, golden tilefish, vermilion 

snapper, black sea bass, and red porgy. 

* * * * * 

(iii) For gag and for gag, black 

grouper, and red grouper, combined, 

when the appropriate commercial quota 

is reached, the provisions of paragraphs 

(a)(5)(i) and (ii) of this section apply to 

gag and all other SASWG. 

* * * * * 

10. In § 622.44, paragraph (c)(3) is 

revised to read as follows: 

§ 622.44 Commercial trip limits. 

* * * * * 

(c) * * * 

(3) Snowy grouper. Until the quota 

specified in § 622.42(e)(1) is reached— 

100 lb (45 kg). See § 622.43(a)(5) for the 

limitations regarding snowy grouper 

after the fishing year quota is reached. 

* * * * * 

11. In § 622.48, paragraph (f) is 

revised to read as follows: 

§ 622.48 Adjustment of management 

measures. 

* * * * * 

(f) South Atlantic snapper-grouper 

and wreckfish. Biomass levels, agestructured analyses, target dates for 

rebuilding overfished species, MSY, 

ABC, TAC, quotas, annual catch limits 

(ACLs), target catch levels, 

accountability measures (AMs), trip 

limits, bag limits, minimum sizes, gear 

restrictions (ranging from regulation to 

complete prohibition), seasonal or area 

closures, definitions of essential fish 

habitat, essential fish habitat, essential 

fish habitat HAPCs or Coral HAPCs, and 

restrictions on gear and fishing activities 

applicable in essential fish habitat and 

essential fish habitat HAPCs. 

* * * * * 

12. In § 622.49, paragraph (b) is added 

to read as follows: 

§ 622.49 Accountability measures. 

* * * * * 

(b) South Atlantic snapper-grouper. 

(1) Golden tilefish—(i) Commercial 

fishery. If commercial landings, as 

estimated by the SRD, reach or are 

projected to reach the quota specified in 

§ 622.42(e)(2), the AA will file a 

notification with the Office of the 

Federal Register to close the commercial 

fishery for the remainder of the fishing 

year. 

(ii) Recreational fishery. If 

recreational landings, as estimated by 

the SRD, exceed the recreational annual 

catch limit (ACL) of 1,578 fish, the AA 

will file a notification with the Office of 

the Federal Register, at or near the 

beginning of the following fishing year, 

to reduce the length of the following 

recreational fishing season by the 

amount necessary to ensure recreational 

landings do not exceed the recreational 

ACL in the following fishing year. 

Recreational landings will be evaluated 

relative to the ACL as follows. For 2010, 

only 2010 recreational landings will be 

compared to the ACL; in 2011, the 

average of 2010 and 2011 recreational 

landings will be compared to the ACL; 

and in 2012 and subsequent fishing 

years, the most recent 3-year running 

average recreational landings will be 

compared to the ACL. 

(2) Snowy grouper—(i) Commercial 

fishery. If commercial landings, as 

estimated by the SRD, reach or are 

projected to reach the quota specified in 

§ 622.42(e)(1), the AA will file a 

notification with the Office of the 

Federal Register to close the commercial 

fishery for the remainder of the fishing 

year. 

(ii) Recreational fishery. If 

recreational landings, as estimated by 

the SRD, exceed the recreational ACL of 

523 fish, the AA will file a notification 

with the Office of the Federal Register, 

at or near the beginning of the following 

fishing year, to reduce the length of the 

following recreational fishing season by 

the amount necessary to ensure 

recreational landings do not exceed the 

recreational ACL in the following 

fishing year. Recreational landings will 

be evaluated relative to the ACL as 

follows. For 2010, only 2010 

recreational landings will be compared 

to the ACL; in 2011, the average of 2010 

and 2011 recreational landings will be 

compared to the ACL; and in 2012 and 

subsequent fishing years, the most 

recent 3-year running average 

recreational landings will be compared 

to the ACL. 

(3) Gag—(i) Commercial fishery. If 

commercial landings, as estimated by 

the SRD, reach or are projected to reach 

the quota specified in § 622.42(e)(7), the 

AA will file a notification with the 

Office of the Federal Register to close 

the commercial fishery for gag and all 

other SASWG for the remainder of the 

fishing year. 

(ii) Recreational fishery. (A) If 

recreational landings, as estimated by 

the SRD, reach or are projected to reach 

the recreational ACL of 340,060 lb 

(154,249 kg), gutted weight, and gag are 

overfished, based on the most recent 

Status of U.S. Fisheries Report to 

Congress, the AA will file a notification 

with the Office of the Federal Register 

to close the gag recreational fishery for 

the remainder of the fishing year. On 

and after the effective date of such 

notification, the bag and possession 

limit for gag in or from the South 

Atlantic EEZ is zero. This bag and 

possession limit also applies in the 

South Atlantic on board a vessel for 

which a valid Federal charter vessel/ 

headboat permit for South Atlantic 

snapper-grouper has been issued, 

without regard to where such species 

were harvested, i.e., in state or Federal 

waters. 

(B) Without regard to overfished 

status, if gag recreational landings 

exceed the ACL, the AA will file a 

notification with the Office of the 

Federal Register, at or near the 

beginning of the following fishing year, 

to reduce the ACL for that fishing year 

by the amount of the overage. 

(C) Recreational landings will be 

evaluated relative to the ACL as follows. 

For 2010, only 2010 recreational 

landings will be compared to the ACL; 

in 2011, the average of 2010 and 2011 

recreational landings will be compared 

to the ACL; and in 2012 and subsequent 

fishing years, the most recent 3-year 

running average recreational landings 

will be compared to the ACL. 

(4) Gag, black grouper, and red 

grouper, combined—(i) Commercial 

fishery. If commercial landings, as 

estimated by the SRD, reach or are 

projected to reach the quota specified in 

§ 622.42(e)(8), the AA will file a 

notification with the Office of the 

Federal Register to close the commercial 

fishery for gag, black grouper, red 

grouper and all other SASWG for the 

remainder of the fishing year. 

(ii) Recreational fishery. (A) If 

recreational landings, as estimated by 

the SRD, reach or are projected to reach 

the combined recreational ACL of 

648,663 lb (294,229 kg), gutted weight, 

and gag, black grouper, or red grouper 

are overfished, based on the most recent 

Status of U.S. Fisheries Report to 

Congress, the AA will file a notification 

with the Office of the Federal Register 

to close the recreational fishery for gag, 

black grouper, and red grouper for the 

remainder of the fishing year. On and 

after the effective date of such 

notification, the bag and possession 

limit of gag, black grouper, and red 

grouper in or from the South Atlantic 

EEZ is zero. This bag and possession 

limit also applies in the South Atlantic 

on board a vessel for which a valid 

Federal charter vessel/headboat permit 

for South Atlantic snapper-grouper has 

been issued, without regard to where 

such species were harvested, i.e., in 

state or Federal waters. 

(B) Without regard to overfished 

status, if gag, black grouper, and red 

grouper recreational landings exceed the 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62497 

combined ACL, the AA will file a 

notification with the Office of the 

Federal Register, at or near the 

beginning of the following fishing year, 

to reduce the combined ACL for that 

fishing year by the amount of the 

overage. 

(C) Recreational landings will be 

evaluated relative to the ACL as follows. 

For 2010, only 2010 recreational 

landings will be compared to the ACL; 

in 2011, the average of 2010 and 2011 

recreational landings will be compared 

to the ACL; and in 2012 and subsequent 

fishing years, the most recent 3-year 

running average recreational landings 

will be compared to the ACL. 

(5) Black sea bass—(i) Commercial 

fishery. If commercial landings, as 

estimated by the SRD, reach or are 

projected to reach the quota specified in 

§ 622.42(e)(5), the AA will file a 

notification with the Office of the 

Federal Register to close the commercial 

fishery for the remainder of the fishing 

year. 

(ii) Recreational fishery. (A) If 

recreational landings, as estimated by 

the SRD, reach or are projected to reach 

the recreational ACL of 409,000 lb 

(185,519 kg), gutted weight, and black 

sea bass are overfished, based on the 

most recent Status of U.S. Fisheries 

Report to Congress, the AA will file a 

notification with the Office of the 

Federal Register to close the recreational 

fishery for black sea bass for the 

remainder of the fishing year. On and 

after the effective date of such 

notification, the bag and possession 

limit of black sea bass in or from the 

South Atlantic EEZ is zero. This bag and 

possession limit also applies in the 

South Atlantic on board a vessel for 

which a valid Federal charter vessel/ 

headboat permit for South Atlantic 

snapper-grouper has been issued, 

without regard to where such species 

were harvested, i.e., in state or Federal 

waters. 

(B) Without regard to overfished 

status, if black sea bass recreational 

landings exceed the ACL, the AA will 

file a notification with the Office of the 

Federal Register, at or near the 

beginning of the following fishing year, 

to reduce the ACL for that fishing year 

by the amount of the overage. 

(C) Recreational landings will be 

evaluated relative to the ACL as follows. 

For 2010, only 2010 recreational 

landings will be compared to the ACL; 

in 2011, the average of 2010 and 2011 

recreational landings will be compared 

to the ACL; and in 2012 and subsequent 

fishing years, the most recent 3-year 

running average recreational landings 

will be compared to the ACL. 

(6) Vermilion snapper—(i) 

Commercial fishery. If commercial 

landings, as estimated by the SRD, reach 

or are projected to reach a quota 

specified in § 622.42(e)(4)(I) or (ii), the 

AA will file a notification with the 

Office of the Federal Register to close 

the commercial fishery for that portion 

of the fishing year applicable to the 

respective quota. 

(ii) Recreational fishery. (A) If 

recreational landings, as estimated by 

the SRD, reach or are projected to reach 

the recreational ACL of 307,315 lb 

(139,396 kg), gutted weight, and 

vermilion snapper are overfished, based 

on the most recent Status of U.S. 

Fisheries Report to Congress, the AA 

will file a notification with the Office of 

the Federal Register to close the 

recreational fishery for vermilion 

snapper for the remainder of the fishing 

year. On and after the effective date of 

such notification, the bag and 

possession limit of vermilion snapper in 

or from the South Atlantic EEZ is zero. 

This bag and possession limit also 

applies in the South Atlantic on board 

a vessel for which a valid Federal 

charter vessel/headboat permit for 

South Atlantic snapper-grouper has 

been issued, without regard to where 

such species were harvested, i.e., in 

state or Federal waters. 

(B) Without regard to overfished 

status, if vermilion snapper recreational 

landings exceed the ACL, the AA will 

file a notification with the Office of the 

Federal Register, at or near the 

beginning of the following fishing year, 

to reduce the ACL for that fishing year 

by the amount of the overage. 

(C) Recreational landings will be 

evaluated relative to the ACL as follows. 

For 2010, only 2010 recreational 

landings will be compared to the ACL; 

in 2011, the average of 2010 and 2011 

recreational landings will be compared 

to the ACL; and in 2012 and subsequent 

fishing years, the most recent 3-year 

running average recreational landings 

will be compared to the ACL. 

[FR Doc. 2010–25643 Filed 10–8–10; 8:45 am] 

BILLING CODE 3510–22–P 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1