Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules 26827 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. Members of the public 

should note that from the time a Notice 

of Proposed Rule Making is issued until 

the matter is no longer subject to 

Commission consideration or court 

review, all ex parte contacts are 

prohibited in Commission proceedings, 

such as this one, which involve channel 

allotments. See 47 CFR 1.1204(b) for 

rules governing permissible ex parte 

contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Television, Television broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.622(i) [Amended] 

2. Section 73.622(i), the PostTransition Table of DTV Allotments 

under Minnesota, is amended by adding 

DTV channel *23 and removing DTV 

channel *26 at St. Paul. 

Federal Communications Commission. 

Clay C. Pendarvis, 

Associate Chief, Video Division, Media 

Bureau. 

[FR Doc. E9–13056 Filed 6–3–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

RIN 0648–AW12 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery off the Southern 

Atlantic States; Amendment 15B 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of fishery 

management plan amendment; request 

for comments. 

SUMMARY: The South Atlantic Fishery 

Management Council (Council) has 

submitted Amendment 15B to the 

Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (FMP) for review, 

approval, and implementation by 

NMFS. Amendment 15B proposes 

actions to require a private recreational 

vessel that fishes in the exclusive 

economic zone (EEZ), if selected by 

NMFS, to maintain and submit fishing 

records; require a vessel that fishes in 

the EEZ, if selected by NMFS, to carry 

an observer and install an electronic 

logbook (ELB) and/or video monitor 

provided by NMFS; prohibit the sale of 

snapper-grouper harvested under the 

bag limits by a vessel for which a 

Federal charter vessel/headboat permit 

for South Atlantic snapper-grouper has 

been issued, regardless of where the 

snapper-grouper were harvested; require 

an owner and operator of a vessel for 

which a commercial or charter vessel/ 

headboat permit has been issued and 

that has on board any hook-and-line 

gear to comply with sea turtle and 

smalltooth sawfish release protocols, 

possess on board specific gear to ensure 

proper release of such species that are 

incidentally caught; expand the 

allowable transfer of a commercial 

vessel permit under the limited access 

program and extend the allowable 

period for renewal of such a permit. 

Amendment 15B also proposes to revise 

the stock status determination criteria 

for golden tilefish and specify 

commercial/recreational allocations for 

snowy grouper and red porgy. The 

intended effects of this amendment are 

to provide additional information for, 

and otherwise improve the effective 

management of, the South Atlantic 

snapper-grouper fishery; minimize the 

impacts on incidentally caught 

threatened and endangered sea turtles 

and smalltooth sawfish. 

DATES: Comments must be received no 

later than 5 p.m., eastern time, on 

August 3, 2009. 

ADDRESSES: You many submit 

comments, identified by ‘‘0648–AW12’’, 

by any of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal http:// 

www.regulations.gov. 

• Fax: 727–824–5308, Attn: Kate 

Michie. 

• Mail: Kate Michie, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments. Enter ‘‘N/A’’ in the required 

fields if you wish to remain anonymous. 

Attachments to electronic comments 

will be accepted in Microsoft Word, 

Excel, WordPerfect, or Adobe PDF file 

formats only. 

Requests for copies of Amendment 

15B, which includes an environmental 

impact statement, a regulatory impact 

review, a regulatory flexibility analysis, 

and a fishery impact statement, should 

be sent to the South Atlantic Fishery 

Management Council, 4055 Faber Place, 

Suite 201, North Charleston, SC 29405; 

telephone 843–571–4366; fax 843–769– 

4520; e-mail safmc@safmc.net. 

FOR FURTHER INFORMATION CONTACT: Kate 

Michie, telephone: 727–824–5305; fax: 

727–824–5308. 

SUPPLEMENTARY INFORMATION: 

Background 

The South Atlantic snapper-grouper 

fishery is managed under the FMP. The 

FMP was prepared by the Council and 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

Specifying Allocations for Snowy 

Grouper and Red Porgy 

In order to ensure the adverse 

socioeconomic impacts of ending 

overfishing and rebuilding overfished 

stocks are fairly and equitably 

distributed, the Council is specifying 

allocations between the commercial and 

26828 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules 

recreational sectors for snowy grouper 

and red porgy. An allocation for snowy 

grouper and red porgy is needed to 

divide the future allowable harvest as 

designated by the rebuilding trajectory 

between commercial and recreational 

sectors. Without the designation of an 

allocation, the Council is unable to 

identify the allowable catch in either 

sector. 

Updating Management Reference Points 

for Golden Tilefish 

A recent stock assessment of golden 

tilefish has provided numerical values 

for benchmarks, including optimum 

yield (OY) and minimum stock size 

threshold (MSST). The OY redefinition 

is more consistent with National 

Standard 1 of the Magnuson-Stevens 

Act, which states conservation and 

management measures shall prevent 

overfishing while achieving, on a 

continuing basis, the OY for each 

fishery for the United States fishing 

industry. The MSST redefinition for 

golden tilefish is set at a level that 

establishes a more appropriate 

difference between an overfished 

condition and the rebuilding goal. 

Modification of Snapper-grouper Sale 

Provisions 

Through Amendment 15B the Council 

would prohibit bag limit sales of 

snapper-grouper in the South Atlantic 

in order to address socioeconomic, data 

quality, and enforcement concerns. 

Current regulations allow the sale of 

snapper-grouper taken from the South 

Atlantic EEZ, up to the allowed bag 

limit, to be sold to a licensed dealer if 

the seller possesses a state-issued 

license to sell fish, whether or not the 

seller has a commercial vessel permit. 

Fish harvested and marketed in this 

manner, whether harvested by for-hire 

vessels or private anglers, are counted 

against the commercial quotas, resulting 

in accelerated quota closure and 

reducing the amount and value of 

harvests allocated to the commercial 

sector. Accelerated closures impose 

additional economic losses through 

market disruption and forced alteration 

of fishing practices, including transfer of 

effort other resources that may be less 

valuable and/or more expensive to 

catch. The effects of this situation are 

exacerbated by the current reduced 

commercial quotas. In addition, such 

fish are also counted against the 

recreational allocations, thus 

complicating fishery assessments. 

Accordingly, this rule would prohibit 

the sale of South Atlantic snappergrouper harvested in the EEZ and 

possessed under the bag limits. The 

prohibition would apply not only to a 

person fishing from a private 

recreational vessel but also to a person 

fishing from a vessel operating as a 

charter vessel or headboat even if such 

charter vessel/headboat has a 

commercial vessel permit. In addition, 

this rule would prohibit the sale of 

snapper-grouper harvested under the 

bag limits by a vessel for which a 

Federal charter vessel/headboat permit 

for South Atlantic snapper-grouper has 

been issued, regardless of where the 

snapper-grouper were harvested, i.e., in 

state or Federal waters. 

Improvements to Bycatch Monitoring 

The Council also addresses bycatch 

issues in the snapper-grouper fishery in 

Amendment 15B. A significant number 

of snapper-grouper are released by 

fishermen, often resulting in incidental 

mortality of bycatch. Biologically, such 

bycatch mortality may constitute a 

significant portion of the mortality for 

many species and cause ecological 

changes to the environment in the form 

of altered predator-prey relationships. 

Therefore, the Council is seeking to 

implement a long-term, standardized 

monitoring and assessment program 

through the expansion of the existing 

requirement for fishing reports to 

include such private recreational vessels 

as are selected by the Science and 

Research Director, Southeast Fisheries 

Science Center, NMFS (SRD). Other 

actions aimed at improving bycatch 

monitoring include a requirement for an 

owner and operator of a vessel with a 

commercial vessel or charter vessel/ 

headboat permit for South Atlantic 

snapper-grouper and an owner and 

operator of a private recreational vessel 

in that fishery, if selected by the SRD, 

to carry a NMFS-approved observer on 

trips selected by the SRD and/or 

participate in a NMFS sponsored ELB 

video monitoring reporting program as 

directed by the SRD. Video monitoring 

hardware and software could provide a 

cost-effective and reliable system of 

monitoring bycatch, release mortality, 

handling of fish, and other shipboard 

practices. Pertinent data collected by a 

video electronic monitoring system 

would include species caught, number 

of hooks, location, depth, date, time, 

and disposition of released organisms. 

NMFS would also rely on state 

corporation, specifically funded 

projects, and the Atlantic Coastal 

Cooperative Statistics Program’s 

Release, Discard, and Protected Species 

Module, as the module is implemented. 

Reduce Bycatch Mortality of ESA Listed 

Species 

On June 7, 2006, NMFS completed a 

formal Section 7 consultation under the 

Endangered Species Act on the South 

Atlantic snapper-grouper fishery. The 

biological opinion stated the vertical 

line and bottom longline gear used in 

the snapper-grouper fishery were likely 

to adversely affect threatened and 

endangered sea turtles and smalltooth 

sawfish, via entanglement, hooking, 

and/or forced submergence. One of the 

terms and conditions to implement a 

reasonable and prudent measure 

established under the biological 

opinion, requires NMFS, in cooperation 

with the Council, to implement sea 

turtle bycatch release equipment 

requirements, and sea turtle and 

smalltooth sawfish handling protocols 

and/or guidelines in the permitted 

commercial and for-hire snappergrouper fishery. Therefore, this 

amendment would require a vessel for 

which a commercial or charter vessel/ 

headboat permit has been issued for 

South Atlantic snapper-grouper to 

possess a document provided by NMFS 

titled, ‘‘Careful Release Protocols for Sea 

Turtle Release With Minimal Injury;’’ 

post the sea turtle handling and release 

guidelines placard provided by NMFS 

on the vessel; have sea turtle release 

gear on board; and follow specified 

release handling measures for a sea 

turtle or smalltooth sawfish that is 

caught incidentally. 

Permit Renewal and Transferability 

Requirement Modifications 

In Amendment 15B the Council has 

also included measures to address 

permit renewal and transferability 

issues. Currently, South Atlantic 

commercial snapper-grouper permits 

must be renewed within 60 days of the 

date they expire. The Council believes 

the 60-day requirement is overly 

restrictive and presents an unnecessary 

hardship to fishery participants. As a 

result, the Council is considering 

extending the commercial snappergrouper permit renewal deadline to one 

year. Additionally, current regulations 

state that a transferable commercial 

vessel permit issued under the limited 

access program may be transferred only 

to an immediate family member of the 

holder. An ‘‘immediate family member’’ 

is specified as a husband, wife, son, 

daughter, brother, sister, mother, or 

father. This restriction has precluded 

owners of individually owned vessels 

from changing to corporate ownership 

and the realization of the associated 

benefits. Accordingly, Amendment 15B 

proposes to allow transfer to a 

corporation, provided the shareholders 

of the corporation are limited to the 

original permit holder and/or his/her 

immediate family members. Subsequent 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules 26829 

additional shareholders would be 

limited to immediate family members. 

The Council has submitted 

Amendment 15B for Secretarial review, 

approval, and implementation. NMFS’ 

decision to approve, partially approve, 

or disapprove Amendment 15B will be 

based, in part, on consideration of 

comments, recommendations, and 

information received during the 

comment period on this notice of 

availability. After consideration of these 

factors, and consistency with the 

Magnuson-Stevens Act and other 

applicable laws, NMFS will publish a 

final rule in the Federal Register 

announcing the Agency’s decision to 

approve, partially approve, or 

disapprove Amendment 15B, and the 

associated rationale. If approved, the 

provisions of Amendment 15B would be 

specified in regulations. 

Public comments received by 5 p.m. 

eastern time, on August 3, 2009, will be 

considered by NMFS in the approval/ 

disapproval decision regarding 

Amendment 15B. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: May 29, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–13089 Filed 6–3–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

RIN 0648–AS65 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 

Aquaculture 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of Availability of the 

Fishery Management Plan for Regulating 

Offshore Marine Aquaculture in the 

Gulf of Mexico (FMP); request for 

comments. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council (Council) has 

submitted the FMP for review, approval, 

and implementation by NMFS. The 

FMP is intended to establish a 

comprehensive permitting and 

regulatory framework to manage the 

development of an environmentally 

sound and economically sustainable 

aquaculture industry in the Gulf of 

Mexico exclusive economic zone (EEZ). 

The FMP would establish application 

and permit requirements, aquaculture 

operational requirements and 

restrictions, siting requirements and 

conditions, and recordkeeping and 

reporting requirements; specify 

allowable aquaculture species; provide 

for evaluation and approval/disapproval 

of proposed aquaculture systems (e.g., 

cages or net pens); establish restricted 

access zones around aquaculture 

facilities; and establish a regulatory 

framework for modifying certain 

aquaculture-related management 

measures consistent with the provisions 

of the FMP. In addition, the FMP would 

establish biological reference points and 

status determination criteria specific to 

aquaculture in the EEZ. 

DATES: Comments must be received no 

later than 5 p.m., eastern time, on 

August 3, 2009. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

‘‘0648–AS65’’, by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: Jess Beck, Southeast Regional 

Office, NMFS, 263 13th Avenue South, 

St. Petersburg, FL 33701. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. 

To submit comments through the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov, enter ‘‘NOAANMFS–2008–0233’’ 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 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

Copies of the FMP 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/. The FMP 

includes a Programmatic Environmental 

Impact Statement (PEIS), an Initial 

Regulatory Flexibility Analysis, a 

Regulatory Impact Review, and a Social 

Impact Assessment/Fishery Impact 

Statement. 

FOR FURTHER INFORMATION CONTACT: Jess 

Beck, telephone: 727–824–5301; fax: 

727–824–5320; e-mail: 

Jess.Beck@noaa.gov. 

SUPPLEMENTARY INFORMATION: 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). 

Background 

Demand for protein is increasing in 

the United States. Today imports 

account for over 80 percent of the U.S. 

seafood consumption. As demand for 

seafood as protein continues to increase 

many commercial wild-capture fisheries 

are being fished at or above sustainable 

levels and are likely unable to meet 

such growing demand. Aquaculture of 

commercially and recreationally 

important species has been suggested as 

one method to meet the current and 

future demands for seafood. 

Currently, there is no process for 

accommodating commercial scale 

offshore aquaculture in Gulf of Mexico 

exclusive economic zone, other than 

live rock aquaculture which is 

authorized under Amendments 2 and 3 

to the Coral and Coral Reefs FMP. 

NOAA Fisheries Service may issue an 

exempted fishing permit (EFP) to 

conduct offshore aquaculture in federal 

waters; however, an EFP is of limited 

duration and is not intended for 

commercial production of fish and 

shellfish. The Council has submitted the 

FMP to NMFS for agency review under 

procedures of the Magnuson-Stevens 

Act. The purpose of this FMP is to 

establish a comprehensive permitting 

and regulatory framework to manage the 

development of an environmentally 

sound and economically sustainable 

aquaculture industry in the EEZ. 

The Council chose alternatives that 

would: establish application and permit 

requirements, aquaculture operational 

requirements and restrictions, siting 

requirements and conditions, and 

recordkeeping and reporting 

requirements; specify allowable 

aquaculture species; provide for 

evaluation and approval/disapproval of 

proposed aquaculture systems (e.g., 

cages or net pens); establish restricted 

access zones around aquaculture 

facilities; establish a regulatory