30964 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 

State and county Location and 

case No. 

Date and name of newspaper where notice was 

published 

Chief executive officer of 

community 

Effective date of 

modification 

Community 

No. 

North Carolina: 

Alamance (FEMA 

Docket No: B– 

1030).

Unincorporated 

areas of 

Alamance 

County (08– 

04–4817P).

December 10, 2008; December 17, 2008; The 

Times-News.

Mr. David I. Smith, Manager, 

Alamance County, Alamance 

County Office Building, 124 West 

Elm Street, Graham, NC 27253.

April 16, 2009 ............ 370001 

Iredell (FEMA 

Docket No.: B– 

039).

Unincorporated 

areas of Iredell 

County (08– 

04–2756P).

January 7, 2009; January 

14, 2009; Statesville 

Record & Landmark.

Mr. Joel Mashburn, Manager, 

Iredell County, P.O. Box 788, 

Statesville, NC 28687.

May 14, 2009 ............ 370313 

Oklahoma: 

Oklahoma (FEMA 

Docket No: B– 

1036).

Town of Arcadia 

(08–06–2651P).

January 7, 2009; January 

14, 2009; The Oklahoman.

The Honorable Marilyn Murrell, 

Mayor, Town of Arcadia, P.O. 

Box 268, Arcadia, OK 73004.

December 23, 2008 .. 400551 

Tulsa (FEMA 

Docket No: B– 

1036).

City of Broken 

Arrow (08–06– 

2075P).

January 9, 2009; January 

16, 2009; Tulsa Daily 

Commerce & Legal 

News.

The Honorable Wade McCaleb, 

Mayor, City of Broken Arrow, 

P.O. Box 610, Broken Arrow, OK 

74013.

December 24, 2008 .. 400236 

Pennsylvania: 

Allegheny (FEMA 

Docket No: B– 

1036).

Municipality of 

Monroeville 

(09–03–0036P).

January 12, 2009; January 

19, 2009; Pittsburgh 

Post Gazette.

The Honorable Gregory Rosenko, 

Mayor, Municipality of Monroeville, 2700 Monroeville Boulevard, Monroeville, PA 15146.

December 31, 2008 .. 420054 

Berks (FEMA 

Docket No: B– 

1030).

Township of 

Colebrookdale 

(08–03–1560P).

December 11, 2008; December 18, 2008; The 

Boyertown Area Times.

The Honorable Todd Gamler, 

President, Township of 

Colebrookdale, Board of Commissioners, 765 West Philadelphia Avenue, Boyertown, PA 

19512.

April 17, 2009 ............ 421057 

Chester (FEMA 

Docket No: B– 

1033).

Township of Birmingham (08– 

03–1499P).

December 30, 2008; January 6, 2009; The Daily 

Local News.

The Honorable John L. Conklin, 

Chairman, Birmingham Township, Board of Supervisors, 1040 

West Street Road, West Chester, 

PA 19382–8012.

May 6, 2009 .............. 421474 

Texas: 

Fort Bend (FEMA 

Docket No: B– 

1036).

Fort Bend County 

M.U.D #23 

(08–06–2237P).

January 9, 2009; January 

16, 2009; Fort Bend 

Herald.

The Honorable Ellen Hughes, 

Board President, Fort Bend 

County Municipal, Utility District 

No. 23, 1715 Misty Fawn Lane, 

Fresno, TX 77545.

December 31, 2008 .. 481590 

Harris (FEMA 

Docket No: B– 

1036).

Unincorporated 

areas of Harris 

County (08– 

06–2044P).

January 9, 2009; January 

16, 2009; Houston 

Chronicle.

The Honorable Ed Emmett, Harris 

County Judge, 1001 Preston 

Street, Suite 911, Houston, TX 

77002.

January 30, 2009 ...... 480287 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: June 17, 2009. 

Deborah S. Ingram, 

Acting Deputy Assistant Administrator for 

Mitigation, Mitigation Directorate, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E9–15362 Filed 6–26–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 0808041045–9796–02] 

RIN 0648–AW64 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery off the Southern 

Atlantic States; Amendment 16 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement the approved measures of 

Amendment 16 to the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP)(Amendment 16), as 

prepared and submitted by the South 

Atlantic Fishery Management Council 

(Council). This final rule establishes a 

seasonal closure of the recreational and 

commercial fisheries for gag and 

associated shallow-water grouper 

species; establishes a seasonal closure of 

the recreational fishery for vermilion 

snapper; reduces the aggregate bag limit 

for grouper and tilefish; reduces the bag 

limit for gag or black grouper combined; 

reduces the bag limit for vermilion 

snapper; prohibits captain and crew of 

a vessel operating as a charter vessel or 

headboat from retaining any fish under 


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the aggregate bag limit for grouper and 

tilefish or the vermilion snapper bag 

limit; establishes semiannual quotas for 

the commercial vermilion snapper 

fishery; establishes a quota for the 

commercial gag fishery; establishes 

restrictions on the possession, sale, and 

purchase of gag and associated shallowwater grouper species after the gag 

commercial quota is reached; and 

requires possession of a dehooking 

device on board a vessel when fishing 

for South Atlantic snapper-grouper and 

use of such device as needed to release 

fish with a minimum of injury. In 

addition, Amendment 16, for both gag 

and vermilion snapper, revises the 

definitions of maximum sustainable 

yield (MSY) and optimum yield (OY), 

specifies total allowable catch (TAC), 

and establishes interim allocations of 

TACs for the recreational and 

commercial sectors. Amendment 16 also 

specifies a minimum stock size 

threshold (MSST) for gag and, based on 

the new assessment, for vermilion 

snapper. The intended effects of this 

final rule are to end overfishing of gag 

and vermilion snapper, protect shallowwater grouper during their spawning 

season, and reduce bycatch mortality of 

snapper-grouper species in the South 

Atlantic. 

DATES: This final rule is effective July 

29, 2009. 

ADDRESSES: Copies of the Final 

Regulatory Flexibility Analysis (FRFA) 

and the Record of Decision (ROD) may 

be obtained from Karla Gore, NMFS, 

Southeast Regional Office, 263 13th 

Avenue South, St. Petersburg, FL 33701; 

telephone 727–824–5305; fax 727–824– 

5308; email Karla.Gore@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Karla Gore, telephone: 727–824–5305, 

fax: 727–824–5308, e-mail: 

Karla.Gore@noaa.gov. 

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. 

On December 24, 2008, NMFS 

published a notice of availability of 

Amendment 16 and requested public 

comment (73 FR 79037). On February 6, 

2009, NMFS published the proposed 

rule to implement Amendment 16 and 

requested public comment (74 FR 6257). 

NMFS partially approved Amendment 

16 on March 25, 2009; the provision 

requiring possession and use of a 

venting tool has been disapproved and 

is not included in this final rule. 

Amendment 16 proposed a requirement 

to use venting tools and dehooking 

devices to reduce bycatch mortality of 

incidentally caught snapper-grouper 

species. In light of the public comments 

and new information opposing the use 

of venting tools, along with scientific 

studies that suggest the use of venting 

tools may actually increase mortality of 

some species depending on capture 

depth, the part of the action that 

requires the possession and use of 

venting tools has been disapproved as 

being overly broad and not in 

accordance with the administrative 

record developed for Amendment 16. 

The rationale for the measures in 

Amendment 16 is provided in the 

amendment and in the preamble to the 

proposed rule and is not repeated here. 

Comments and Responses 

The following is a summary of the 120 

comments NMFS received on 

Amendment 16 Final Environmental 

Impact Statement (FEIS), Notice of 

Availability, and the proposed rule from 

the public, state and county agencies 

and non-governmental organizations 

and the respective NMFS’ responses. Of 

these comments, six expressed general 

opposition to Amendment 16 and seven 

comments expressed general support. 

Other comments provided specific 

concerns related to the amendment and 

those comments are addressed below. 

Three comments were received that 

were unrelated to the scope of this 

action and are therefore not addressed. 

Comment 1: Thirty-nine comments 

were received expressing concern the 

management measures proposed in 

Amendment 16 would cause economic 

hardship on the commercial, 

recreational and for-hire sectors, and 

would have negative consequences on 

the tourism industry and affected 

communities. 

Response: NMFS recognizes the 

management measures proposed in 

Amendment 16 will have immediate, 

short-term, negative socioeconomic 

impacts on the fisheries and 

communities of the South Atlantic 

region. The Council made efforts to 

balance the requirement of the 

Magnuson-Stevens Act to end 

overfishing of gag and vermilion 

snapper and minimize associated 

adverse socioeconomic impacts to the 

extent practicable. NMFS prepared an 

Initial Regulatory Flexibility Analysis 

(IRFA) to analyze the economic impacts 

of the proposed rule on small entities, 

including commercial fishermen, 

charter vessels and headboats. The IRFA 

was included with the proposed rule. A 

FRFA accompanies this final rule and 

considers the comments received on 

this action. A Regulatory Impact Review 

has also been prepared that provides 

analyses of the economic benefits and 

costs of each alternative to the nation 

and the fishery as a whole. This analysis 

was included in the FEIS. To minimize 

socioeconomic impacts, the Council 

included an action in Amendment 16 

which would allow the Regional 

Administrator to make adjustments to 

vermilion snapper management 

measures if a new assessment indicated 

an improved status of the stock. The 

new benchmark assessment for 

vermilion snapper was completed in 

October 2008 and verified the stock was 

experiencing overfishing but indicated 

less restrictive management measures 

were needed. Based on the action 

included in Amendment 16 to allow the 

Regional Administrator to address this 

situation, less restrictive management 

measures were adopted for vermilion 

snapper. 

Comment 2: Two comments were 

received expressing concern that the gag 

closure proposed in Amendment 16 

should not apply to Florida fishermen 

as gag are not often caught in Florida 

and the closure is unnecessary. 

Response: The intent of Amendment 

16 is not limited to just the protection 

of gag and vermilion snapper. Rather, 

the focus of the management actions is 

to improve the status of shallow-water 

grouper species including gag, black 

grouper, red grouper, scamp, red hind, 

rock hind, coney, yellowfin grouper, 

yellowmouth grouper, and tiger grouper. 

These shallow-water grouper species 

change sex, are long lived, and may be 

particularly vulnerable to 

overexploitation during the spawning 

season since many grouper species (i.e. 

black grouper, gag, scamp, red hind) 

form aggregations at known locations. 

Therefore, the Council not only sought 

to address overfishing of gag and 

vermilion snapper through measures in 

the amendment, but they also 

recognized the need to protect shallowwater grouper in spawning condition, as 

well as grouper spawning aggregations, 

which are more susceptible to 

overfishing since they are easily targeted 

by commercial and recreational 

fishermen. Information provided by 

scientists from the Southeast Fisheries 

Science Center (SEFSC) indicates some 

spawning aggregations of black grouper 

in South Florida have likely been fished 

out. The Council also received 

information indicating gag were 

commonly caught in the Florida Keys 15 

to 18 years ago and were targeted during 

the January-March spawning season. 

The concern that management actions 

are not needed in the Florida Keys 


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because so few gag are caught in the 

area was addressed when the Council 

considered an alternative that included 

different management measures for gag 

and shallow-water grouper species for 

Monroe County relative to areas north 

within the Council’s jurisdiction. 

Comment 3: Three comments were 

received that opposed the use of venting 

tools to release incidentally caught 

snapper grouper species. These 

comments stated that possession and 

use of venting tools by anglers should 

not be required because they may not 

reduce mortality nor provide any 

benefits to released fish. Three other 

comments supported the use of venting 

tools. 

Response: Research has shown that 

venting, when properly executed, will 

likely increase survival of some species 

captured at certain depth zones. The use 

of venting tools may also reduce 

predation on reef fish species by 

allowing rapid return to depth, making 

them less vulnerable to predators. 

However, the benefits of venting are not 

clear for all species, and recent studies 

suggest venting could cause harm in 

some cases. Therefore, NMFS has 

decided to disapprove the portion of the 

action that requires venting tools until 

guidance is developed specifying 

species and capture depths for which 

venting is most appropriate. 

Comment 4: Sixteen comments were 

received stating the data used to 

determine stock status and develop 

Amendment 16 are flawed. 

Response: Status determinations for 

gag and vermilion snapper were derived 

from the Southeast Data Assessment and 

Review (SEDAR) process. SEDAR is an 

inclusive and rigorous process designed 

to ensure each stock assessment reflects 

the best available scientific information. 

The findings and conclusions of each 

SEDAR workshop are documented in a 

series of reports, which are ultimately 

reviewed and discussed by the Council 

and their Science and Statistical 

Committee (SSC). The stock assessments 

determined gag is experiencing 

overfishing and is approaching an 

overfished condition; and vermilion 

snapper is experiencing overfishing but 

is not overfished. On June 12, 2007, the 

Council was notified gag and vermilion 

snapper are experiencing overfishing. At 

its June 2008 meeting, the SSC 

determined the results of the gag 

assessment are based upon the best 

available science and recommended 

harvest levels based on the fishing 

mortality rate associated with optimum 

yield in accordance with the new 

mandates specified by the reauthorized 

Magnuson-Stevens Act, which requires 

catch levels be set at a level to ensure 

overfishing does not occur. The new 

stock assessment for vermilion snapper 

was determined by the SSC to be based 

on the best available science in 

December 2008. Additionally, the 

SEFSC issued a memorandum dated 

December 18, 2008, certifying that 

Amendment 16 is based upon the best 

available science. 

Red grouper and black grouper have 

been listed as experiencing overfishing 

in every Report to Congress on the 

Status of U.S. Fisheries since 1999. The 

latest information on the status of these 

species was published by the SEFSC in 

2001. The SSC reviewed this report at 

their October 2005 meeting and 

concluded that in the absence of new 

SEDAR assessments, the existing 

determinations based on the 2001 report 

are the best available science. Further, 

on November 14, 2008, the SEFSC 

indicated that in the absence of new 

assessments, red grouper and black 

grouper are considered to be 

experiencing overfishing. The Council 

recognizes there is no recent SEDAR 

assessed information to indicate stock 

status of red grouper and black grouper; 

however, there are several recent 

publications by SEFSC staff suggesting 

red grouper and black grouper are 

undergoing overfishing. Black grouper 

and red grouper are scheduled for 

SEDAR stock assessments in 2009, 

which will be completed in 2010. Given 

the reauthorized Magnuson-Stevens Act 

requires the Council to end overfishing 

of all species, the Council believed it 

was appropriate to take actions to 

reduce harvest of red grouper and black 

grouper. Furthermore, the Council’s 

intent is also to protect shallow-water 

grouper species in spawning condition 

including black grouper and red grouper 

as well as grouper spawning 

aggregations, which form during January 

through April. A 4-month spawning 

season closure could have positive 

biological effects including protecting 

spawning aggregations, increasing the 

percentage of males, enhancing 

reproductive success, reducing fishing 

mortality, increasing the magnitude of 

recruitment, and reducing the chance 

that overfishing is occurring. 

Comment 5: Twenty-five comments 

were received opposing the recreational 

and for-hire management measures and 

pointing to the commercial longline and 

shrimp trawl fisheries as the cause of 

the snapper-grouper species decline. 

Commenters stated that strict 

regulations are needed for the 

commercial fisheries. 

Response: The management measures 

proposed in Amendment 16 are 

intended to end overfishing of gag and 

vermilion snapper and protect shallowwater grouper species in spawning 

condition, some of which are taken 

incidentally when targeting gag and 

vermilion snapper. Vermilion snapper, 

gag, and shallow-water grouper species 

are targeted by commercial and 

recreational fishermen. Management 

measures imposed by the Council are 

intended to reduce harvest in 

proportion to the total landings from 

each sector. The preferred alternatives 

in Amendment 16 would result in 

commercial/recreational allocations of 

68 percent/32 percent and 51 percent/49 

percent for vermilion snapper and gag, 

respectively. To achieve the yield at 75 

percent of FMSY and end gag overfishing, 

a reduction of 35 percent in commercial 

harvest and 37 percent in recreational 

harvest would be required. To achieve 

the yield at 75 percent of FMSY and end 

vermilion overfishing, a reduction of 47 

percent of the recreational harvest and 

29 percent of commercial harvest is 

necessary. These reductions have been 

recommended by the Council’s SSC and 

determined by the SEFSC to be based on 

the best available scientific information. 

To achieve these reductions in harvest, 

commercial and recreational 

management measures are required. 

Management measures directed at the 

commercial fishery only will not 

achieve the required reductions. Bottom 

longline gear used in the snappergrouper fishery and shrimp trawl gear 

likely have minimal impacts of fishing 

mortality of gag and vermilion snapper. 

Bottom longline gear is restricted to 

depths greater than 50 fathoms (91.4 m) 

where these species rarely occur and is 

used to target deep water snappergrouper species such as golden tilefish 

and snowy grouper. Vermilion snapper, 

gag, and shallow-water grouper species 

are not commonly taken as bycatch in 

the shrimp trawl fishery. 

Comment 6: Eight comments were 

received in support of the spawning 

season closures but in opposition to the 

other proposed measures (i.e. bag limit 

reductions). 

Response: The Council considered a 

broad range of management measures to 

end overfishing of vermilion snapper 

and gag. The Council decided not to 

adopt seasonal closures for vermilion 

snapper and gag as the only 

management measure for the 

recreational sector because a longer time 

period would be required to end 

overfishing without bag limit 

reductions. 

Comment 7: Two comments were 

received that oppose the recreational 

regulations and point to the unchecked 

populations of goliath grouper as they 

prey on other shallow-water grouper 

species. 


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Response: The Magnuson-Stevens Act 

requires the Council to prepare a plan 

amendment or proposed regulations to 

end overfishing. The Council 

considered a broad range of 

management measures to reduce harvest 

of vermilion snapper, gag, and shallowwater grouper species in the recreational 

sector. The goliath grouper populations 

are thought to be increasing and likely 

prey on snapper-grouper species. 

However, there is no evidence that 

goliath grouper populations are having 

a negative impact on populations of 

vermilion snapper, gag, or shallowwater grouper species. 

Comment 8: Four comments were 

received in support of bag limit 

reductions and in opposition to the 

seasonal closures; stating that without a 

seasonal closure, fishermen would be 

allowed to fish year round. 

Response: The management measures 

proposed in Amendment 16 are needed 

to end overfishing of gag and vermilion 

snapper and to improve the status of all 

shallow-water grouper species, some of 

which are taken incidentally when 

targeting gag and vermilion snapper. 

Reducing the gag bag limit from 2–fish 

per person per day bag limit to 1 fish 

per person per day, the 5–fish grouper 

aggregate to 3 fish per trip, and the 

vermilion snapper bag limit from 10 fish 

per person per day to 5 fish per person 

per day would not be sufficient to end 

overfishing of gag and vermilion 

snapper. The Council did not support 

an increase in the size limit of gag and 

other shallow-water groupers because 

the discard rate is already high and an 

increase in the size limit would likely 

increase the discard rate and the 

number of fish thrown back dead. The 

Council supported a January through 

April closure for gag and other shallowwater grouper because this is a known 

spawning period for these species. 

Furthermore, many of the grouper 

species form spawning aggregations at 

known locations increasing their 

vulnerability to fishing pressure. The 

Council also did not support an increase 

in the size limit of vermilion snapper 

because the magnitude of regulatory 

discards was already high. The Council 

supported a seasonal closure for 

vermilion snapper during November 

through March because the greatest 

amount of recreational fishing for this 

species occurs during the summer 

months, and the November through 

March closure would have less negative 

economic and social impacts than a 

summer closure. In order to achieve the 

necessary reduction in harvest, a 

combination of bag limit reductions and 

seasonal closures is necessary. 

Comment 9: Six comments were 

received in opposition to the vermilion 

snapper bag limit reduction and 

vermilion snapper seasonal closure. 

Commenters stated that these measures 

would restrict the headboat and charter 

vessel fisheries to a point that would not 

be economically viable. 

Response: To end vermilion snapper 

overfishing and achieve 75 percent of 

FMSY, a reduction of 47 percent of the 

recreational harvest and 29 percent of 

commercial harvest is necessary. The 

Council considered a combination of 

management measures for the vermilion 

snapper recreational sector that 

included a combination of reduced bag 

limits, seasonal closures, and increased 

size limits. The Council considered 

three alternatives, which increase the 

recreational size limit in combination 

with a reduction in the bag limit and a 

seasonal closure. The Council chose not 

to select as their preferred alternative an 

increase in the minimum size limit 

because it would be expected to 

increase the number of regulatory 

discards as was observed when the 

recreational size limit was increased to 

11 inches (28 cm) total length (TL) in 

1999 and again in 2007, when the 

recreational size limit was increased to 

12 inches (31 cm) TL. Instead, the 

Council chose to reduce harvest through 

a combination of bag limit adjustments 

and seasonal closures. The length of the 

closed season may influence its 

effectiveness in reducing fishing 

mortality on vermilion snapper due to 

shifting of effort to weeks before and 

after the closure. A longer closed 

season, as proposed in alternatives that 

require greater reductions in harvest, 

may be more effective, as it would be 

more difficult for fishermen to shift all 

their effort. The Council recognizes that 

the bag limit reduction and seasonal 

closure will have negative economic 

impacts on the headboat and charter 

vessel components of the fishery; 

however, reductions in harvest are 

needed to end overfishing. The Council 

chose the combination of management 

measures that they believed would end 

overfishing and have the least amount of 

short-term negative and social impacts 

on the headboat and charter sectors. In 

addition, the Council believed that a 

winter closure of vermilion snapper 

would have less negative economic and 

social impacts than a summer closure 

because most of the fishery is 

prosecuted during summer. 

Comment 10: Two comments were 

received on the cumulative impacts of 

Amendment 16, a possible interim rule 

for red snapper, and the future 

Amendment 17 which will set annual 

catch limits and accountability 

measures for snapper-grouper species 

experiencing overfishing. The 

comments indicated the combination of 

these amendments and management 

measures will have severe economic 

and social impacts for the commercial, 

headboat, charter and recreational 

fisheries and their communities. 

Response: The cumulative impacts of 

Amendment 16 were described and 

analyzed in the cumulative effects 

analysis (CEA) of the FEIS. The CEA 

takes into consideration past, current 

and reasonable foreseeable management 

actions. Amendment 17 is being 

developed by the Council, and it is 

difficult to determine when it would be 

implemented, if it is approved by the 

Secretary of Commerce. At this time, it 

is not possible to determine the 

economic and social impacts. However, 

Amendment 17 will include a CEA that 

will analyze the impacts of that action 

as well as those recently implemented 

(i.e. Amendment 16). Further, the 

management measures in Amendment 

17 will consider the effects of 

management measures being 

implemented through Amendment 16. If 

an interim rule for red snapper is 

developed for implementation, the 

associated impacts would be evaluated 

in the environmental assessment and 

other supporting documents. 

Comment 11: Four comments 

referenced the most recent red grouper 

and black grouper stock assessments as 

being outdated, and claim these data 

sources should not be used as a basis for 

implementing a seasonal closure. One 

comment objected to a 4-month 

shallow-water grouper closure based on 

the status of gag. 

Response: The actions proposed in 

Amendment 16 are not based solely 

upon the status of red grouper, black 

grouper, or gag. In addition to actions 

intended to end overfishing of gag and 

vermilion snapper, the intent of 

Amendment 16 and the proposed 

January-April closure is to protect all 

shallow-water grouper species during 

their spawning season, regardless of 

their status. These shallow-water 

grouper species include: Gag, red 

grouper, and black grouper, which are 

listed as undergoing overfishing; scamp, 

which is not experiencing overfishing; 

and yellowmouth grouper, tiger grouper, 

yellowfin grouper, red hind, rock hind, 

graysby, and coney, whose status is 

unknown. The Council believed a 

January-April spawning season closure 

was warranted because shallow-water 

grouper species change sex, are long 

lived, and are particularly vulnerable to 

overexploitation during the spawning 

season since many grouper species (i.e. 

black grouper, scamp, gag, red hind, and 


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others) form aggregations at known 

locations. Furthermore, many grouper 

species occur in the same location at the 

same time further increasing 

susceptibility to fishing gear. 

While the actions in Amendment 16 

are not dependent upon the status of red 

grouper and black grouper, it is 

acknowledged in the amendment that 

red grouper and black grouper are listed 

as experiencing overfishing in The 

Report to Congress on the Status of U.S. 

Fisheries (2008), and actions proposed 

in Amendment 16 would likely improve 

their status. SEDAR assessments are 

scheduled for red grouper and black 

grouper in 2009–2010. The SEFSC and 

the SSC indicate in the absence of new 

assessments, red grouper and black 

grouper are undergoing overfishing. 

Comment 12: Several North Carolina 

groups stated that if the State of Florida 

fails to comply with Federal rules, a 

large portion of the recreational catch of 

gag could occur in Florida’s state waters 

and these catches would be deducted 

from an annual catch limit (ACL) 

resulting in seasonal closures, which 

could deprive North Carolina from 

equal access to the fishery. 

Response: Amendment 16 does not 

establish catch limits or quotas for the 

recreational sector. As required by the 

reauthorized Magnuson-Stevens Act, 

ACLs are being considered for the gag 

recreational sector in Amendment 17, 

which is being developed by the 

Council. Furthermore, Amendment 18 is 

being developed and includes 

alternatives for regional catch limits for 

the gag recreational sector. 

Comment 13: One individual stated 

all allocations should be 50 percent 

recreational, 30 percent commercial, 

and 20 percent for-hire. This would 

result in an allocation between 

recreational and commercial business as 

50/50. 

Response: The allocation for 

vermilion snapper and gag is based on 

historical landings in the commercial 

and recreational sectors. The Council 

was concerned that splitting the 

recreational allocation into for-hire and 

private sectors would increase the 

uncertainty associated with recreational 

landings estimates. The SnapperGrouper Advisory Panel (AP) and 

Council examined the complete time 

series for vermilion snapper and noticed 

there was little difference in the 

percentage of commercial and 

recreational landings when any time 

series was examined. The AP and 

Council concluded the longest time 

series of landings (Alternative 2) was 

the best approach for estimating 

allocations. In addition, the Council 

discussed whether an additional 

alternative was necessary but, given the 

similar distribution of commercial and 

recreational landings over the years, the 

Council concluded two alternatives 

were appropriate for this action. Using 

historical landings, there was no basis 

for an alternative that would allocate 50 

percent of the TAC to the commercial 

and recreational sectors. 

In contrast, the Council chose an 

allocation for gag that is 51 percent 

commercial and 49 percent recreational 

and is the closest to the SnapperGrouper AP’s recommendation for a 50/ 

50 allocation. The AP examined the 

allocation tables and noted the 

distribution of catch was about 50/50 in 

recent years and they believed this was 

fair among the two sectors. This 

alternative would specify commercial 

and recreational allocation at 

percentages that have occurred in recent 

years. 

Comment 14: Two individuals 

indicated separate quotas were needed 

for North Carolina. 

Response: The Council considered an 

alternative which would establish 

regional quotas for gag. The Council’s 

rationale was that fishermen off Florida 

could have an advantage and catch part 

of the quota early in the year when bad 

weather would prevent fishermen from 

catching gag off North Carolina and 

South Carolina. The Council examined 

monthly gag landings and found the 

percentage of annual gag landings 

among states was similar after the 

proposed January through April 

spawning season closure would take 

place; thus, negating the underlying 

rationale for proposing a regional quota. 

The Council examined commercial 

landings of vermilion snapper and 

found that over 70 percent occurred off 

of North Carolina and South Carolina; 

therefore, regional quotas were not 

considered for this species. 

Comment 15: One commenter 

expressed concern about the vermilion 

snapper assessment stating that ‘‘despite 

the misgivings of the Committee of 

Independent Experts (CIE) about the 

models used, the Scientific and 

Statistical Committee (SSC) of the 

SAFMC approved the assessment as 

being acceptable for management.’’ 

Response: Contrary to the statement of 

the commenter, the SSC did not 

override the opinions of the review 

panel, consisting of individuals from the 

CIE, when accepting the vermilion 

snapper assessment as best available 

science. The CIE indicated there was 

some uncertainty as to whether or not 

vermilion snapper was experiencing 

overfishing; however, the CIE accepted 

the assessment. The CIE stated, ‘‘The 

panel accepted the vermilion snapper 

stock assessment, and concluded that 

the stock was not over-fished. However, 

the panel concluded that over-fishing 

was occurring but this conclusion was 

highly uncertain due to a lack of 

robustness to key model assumptions.’’ 

Therefore, the conclusions of the SSC 

are in accordance with those from the 

CIE for the vermilion snapper SEDAR 

stock assessment. 

Changes from the Proposed Rule 

In the proposed rule (74 FR 6257, 

February 6, 2009), amendatory 

instruction 8 incorrectly indicated that 

in § 622.45 paragraph (d)(8) was being 

revised; however, it was paragraph 

(d)(7) that was to be revised. This final 

rule corrects the paragraph designation 

in the amendatory instruction and the 

associated codified text. Other than the 

paragraph designation, there is no 

change to the associated regulatory text. 

In accordance with the disapproval of 

the measure requiring possession and 

use of a venting tool, paragraph 

§ 622.41(n)(2) has been removed and 

reserved in this final rule. 

Classification 

The Administrator, Southeast Region, 

NMFS determined that Amendment 16 

is necessary for the conservation and 

management of the South Atlantic 

snapper-grouper fishery and is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

NMFS prepared an FRFA for this 

action. The FRFA incorporates the 

initial regulatory flexibility analysis 

(IRFA), a summary of the significant 

economic issues raised by public 

comments, NMFS responses to those 

comments, and a summary of the 

analyses completed supporting the 

action. A copy of the full analysis is 

available from NMFS (see ADDRESSES). 

A summary of the FRFA follows. 

Several comments were received on 

the economic effects of the proposed 

rule. However, no comments specific to 

the IRFA were received. Many 

comments stated the proposed rule 

would have devastating economic 

effects on the regional fishing industry. 

Some comments noted that the 

proposed seasonal closure would create 

undue hardships on for-hire crew, 

support industries, and associated 

communities. Other comments stated 

that the economic analysis 

underestimated the adverse economic 

effects of the proposed rule on the forhire sector in particular and the 

recreational sector in general because of 

the large number of recreational fishers 


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and fishing trips and the large amount 

of recreational expenditures. Finally, 

three comments opposed the proposed 

mandatory possession and use of 

venting tools. 

The economic analysis conducted for 

the proposed rule estimated the 

expected quantitative effects of each 

alternative to the extent possible. 

Qualitative discussion of expected 

effects was provided where data or 

analytical techniques were not 

available. The economic analysis 

concluded that, with the exception of 

the no action alternatives, practically all 

alternatives would result in short-term 

adverse economic effects on fishers, 

support industries, and associated 

communities. Some alternatives to the 

proposed rule would be expected to 

result in lower adverse economic effects 

but would not achieve the Council’s 

objective for that particular action. 

Other alternatives to the proposed rule 

may have been projected to achieve the 

Council’s objectives but were projected 

to result in greater adverse economic 

effects than the proposed rule. No 

options exist that meet the conservation 

goals with lesser economic impacts. 

The economic analysis conducted for 

the proposed rule evaluated the 

expected change in economic value, 

where economic value was measured by 

net operating revenues for commercial 

and for-hire vessels and consumer 

surplus for recreational anglers. 

Although an expenditure analysis, as 

suggested by public comment, is useful 

for examining the distributional effects 

of a regulatory change, evaluating the 

change in economic value is the 

appropriate methodology for analyzing 

the costs and benefits to society of the 

proposed management measures. 

The proposed requirement for the 

possession and use of a venting tool has 

been disapproved and is not included in 

this final rule because this requirement 

is overly broad and not in accordance 

with the administrative record 

supporting Amendment 16. This action 

may be re-considered when guidance is 

developed specifying species and 

capture depths for which venting is 

most appropriate. NMFS agrees with the 

Council’s choice of preferred 

alternatives for the other actions as 

those which would be expected to best 

achieve the Council’s objectives while 

minimizing the adverse effects on 

fishers, support industries, and 

associated communities and no 

additional changes in the final rule were 

made in response to public comment. 

This final rule is expected to directly 

affect vessels that operate in the South 

Atlantic commercial and for-hire 

snapper-grouper fisheries. The Small 

Business Administration (SBA) has 

established size criteria for all major 

industry sectors in the U.S. including 

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 affiliated 

operations worldwide. For for-hire 

operations, the other qualifiers apply 

and the annual receipts threshold is $7 

million (NAICS code 713990, 

recreational industries). 

A commercial snapper-grouper permit 

is required to operate in the South 

Atlantic snapper-grouper fishery, and a 

two-tier license limitation program, 

which imposes a 225–lb (102–kg) 

snapper-grouper trip limit for some 

vessels and an unlimited snappergrouper trip-limit for other vessels, has 

been in effect in this fishery since 1998. 

Logbook data from 2001–2006 were 

used in the analysis of the expected 

impacts of this action. Over this period, 

an average of 1,101 vessels per year 

were permitted to operate in the 

commercial snapper-grouper fishery. 

However, only an average of 922 vessels 

per year had recorded landings of 

snapper-grouper species. The total 

average annual dockside revenue from 

snapper-grouper species and all other 

species harvested on trips that harvested 

snapper-grouper species over this 

period was approximately $15.58 

million (2005 dollars), resulting in a per 

vessel average of approximately 

$16,900. The highest producers 

included an average of 27 vessels per 

year that harvested more than 50,000 lb 

(22,680 kg) of snapper-grouper per year, 

valued at approximately $100,000 per 

vessel. Vessels that operate in the 

snapper-grouper fishery may also 

operate in other fisheries that are not 

covered by the logbook program. As 

such, the revenues from these fisheries 

cannot be determined with these data 

and are not reflected in the totals 

provided above. 

Although a vessel that possesses a 

commercial snapper-grouper permit can 

harvest any snapper-grouper species, 

except for wreckfish which requires a 

separate permit, during the period 

2001–2006, only 299 vessels per year 

had recorded harvests of gag and only 

259 vessels had recorded harvests of 

vermilion snapper. These totals are not 

additive, because some vessels landed 

both species. Total dockside revenues 

from all snapper-grouper species and 

other species on trips that harvested gag 

averaged approximately $5.74 million 

(2005 dollars) over this period, resulting 

in a per vessel average of approximately 

$19,200. Total dockside revenues from 

all snapper-grouper species and all 

other species on trips that harvested 

vermilion snapper averaged 

approximately $6.98 million (2005 

dollars) over this period, resulting in a 

per vessel average of approximately 

$26,950. Among the vessels with 

recorded gag harvests, an average of 12 

vessels per year harvested more than 

10,000 lb (4,536 kg) of gag per year, 

generating dockside revenues of 

approximately $29,300 per vessel. An 

average of 43 vessels per year harvested 

more than 10,000 lb (4,536 kg) of 

vermilion snapper, generating dockside 

revenues of approximately $24,000 per 

vessel. 

For the period 2001–2006, an average 

of 1,273 vessels were permitted to 

operate in the snapper-grouper for-hire 

fishery, of which 82 are estimated to 

have operated as headboats. Within this 

total of vessels, 235 vessels also 

possessed a commercial snappergrouper permit and would be included 

in the summary information provided 

above on the commercial sector. The 

for-hire fleet consists of charter vessels, 

which charge a fee on a vessel basis, and 

headboats, which charge a fee on an 

individual angler (head) basis. The 

average annual gross revenue (in 2005 

dollars) for charter vessels 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. 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 

in this analysis as independent entities. 

Based on the average revenue figures 

provided above, NMFS determines, for 

the purpose of this analysis, that all 

commercial and for-hire vessels that 

will be affected by this final rule are 

small entities. Because all entities 

expected to be affected by this final rule 

are considered small entities, the issue 

of disproportional impacts of this final 

rule on small and large entities does not 

arise. 

The gag and other shallow-water 

grouper management measures are 

expected to reduce annual net operating 

revenues of commercial vessels by 

approximately $848,000 for all vessels 

combined that harvest at least 1.0 lb 

(0.45 kg) of snapper-grouper. Based on 

an average of 299 vessels per year with 


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recorded gag landings and an average of 

922 vessels per year with recorded 

snapper-grouper landings, this 

reduction in net revenue results in an 

average of approximately $2,800 per 

vessel with gag landings and 

approximately $900 per vessel with 

snapper-grouper landings. Although net 

revenues are not directly comparable to 

gross revenues, the average annual 

revenues from all species on trips that 

harvested gag is estimated to be 

approximately $19,200 and the 

comparable revenue total for snappergrouper vessels is approximately 

$16,900. 

For the for-hire fishery, the gag and 

other shallow-water grouper 

management measures in this final rule 

are expected to reduce annual producer 

surplus for the entire fishery by 

approximately $285,000. Although 

1,456 vessels are permitted to operate in 

the snapper-grouper fishery, not all 

vessels are expected to harvest or be 

affected by the gag and other shallowwater grouper regulations. However, a 

meaningful method for determining 

how to apportion the expected 

reduction in producer surplus over the 

vessels in the fleet has not been 

identified. 

The vermilion snapper management 

measures in this final rule are expected 

to reduce annual operating revenues to 

commercial vessels that harvest 

snapper-grouper by approximately $1.62 

million. Based on an average of 259 

vessels per year with recorded 

vermilion snapper landings and 922 

vessels per year with recorded snappergrouper landings, this reduction in net 

revenue results in an average of 

approximately $7,300 per vessel with 

vermilion snapper landings and 

approximately $1,800 per vessel with 

snapper-grouper landings. As stated 

above, although net revenues are not 

directly comparable to gross revenues, 

the average annual revenue from all 

species on trips that harvested 

vermilion snapper is estimated to be 

approximately $26,950 and the 

comparable average revenue total for 

snapper-grouper vessels is 

approximately $16,900. 

For the for-hire fishery, the vermilion 

snapper management measures in this 

final rule are expected to reduce annual 

producer surplus for the entire fishery 

by approximately $58,000. Similar to 

the discussion on the gag and other 

shallow-water grouper management 

measures, a meaningful method for 

apportioning the expected reduction in 

producer surplus over the 1,456 vessels 

in the fleet has not been identified. 

The requirement in this final rule to 

use dehooking tools to reduce the 

bycatch mortality of snapper-grouper is 

expected to increase gear costs by less 

than $15 per vessel. Many fishermen are 

not expected to incur any new gear costs 

as a result of this requirement because 

the possession and use of dehooking 

devices is expected to already be 

widespread. 

Two alternatives, including the final 

action, were considered for the action to 

specify the gag TAC. The single 

alternative to the final TAC is the no 

action alternative, which would not set 

a TAC for gag. Because a TAC is 

required to make some management 

determinations, the no action alternative 

would not achieve the Council’s 

objective. 

Four alternatives, including the final 

action, were considered for the action to 

specify an interim allocation for gag. 

The first alternative to the final action, 

the no action alternative, would not 

establish an allocation of gag between 

the commercial and recreational sectors. 

The absence of an allocation would 

hinder overall TAC management and 

the ability to take corrective action in 

the appropriate sector should TAC 

overages occur. This alternative, 

therefore, would not achieve the 

Council’s objective. The other two 

alternatives to the final action would 

result in higher allocations to the 

commercial sector than the final action 

and, thus, would result in lower adverse 

economic impacts on the commercial 

small entities. However, these 

alternatives would increase the adverse 

impacts on the recreational sector (forhire businesses). The overall net effects 

of the alternative allocations cannot be 

estimated at this time due to the absence 

of appropriate data and comparable 

commercial and recreational models. 

The final allocation was selected 

because it best matches with current 

harvest distributions and is, thus, 

expected to be the least disruptive to 

current harvest practices. 

Seven alternatives (with subalternatives), including the final actions, 

were considered for the action to specify 

gag and other shallow-water grouper 

management measures. The final action 

encompasses three separate alternatives: 

one alternative to establish a spawning 

closure, one alternative to establish a 

directed commercial quota, and one 

alternative to establish recreational 

management measures. The first 

alternative to the final action is the no 

action alternative, which would apply 

to both the commercial and recreational 

sectors. The no action alternative would 

not achieve the Council’s objective of 

ending overfishing of gag. Two 

alternatives to the final action would 

only apply to the commercial sector. 

The first of these alternatives would 

divide the commercial quota into North 

Carolina/South Carolina and Georgia/ 

Florida regional sub-quotas. Although 

this alternative may result in a more 

even distribution of the economic 

effects of the final quota across 

participants in all South Atlantic states, 

the total reduction in economic value is 

expected to be greater than that of the 

final action. The second commercial 

alternative to the final action would 

establish a 1,000–lb (454–kg) trip limit. 

This alternative would be expected to 

result in greater adverse economic 

effects than the final action. One 

alternative to the final action would 

apply only to the recreational sector and 

would extend the final action’s 

spawning closure by an additional 

month. As a result, this alternative 

would increase the adverse economic 

effects on the recreational sector. A final 

alternative would apply to both the 

commercial and recreational sectors. 

This alternative would establish special 

management regulations for waters off 

Monroe County, Florida. This 

alternative would be expected to result 

in greater adverse economic effects on 

entities in the commercial sector than 

the final action and have only minor 

economic effects on entities in the 

recreational sector. 

Two alternatives, including the final 

action, were considered for the action to 

specify the vermilion snapper TAC. The 

single alternative to the final TAC is the 

no action alternative, which would not 

set a TAC for vermilion snapper. 

Because a TAC is required to make some 

management determinations, the no 

action alternative would not achieve the 

Council’s objective. 

Two alternatives, including the final 

action, were considered for the action to 

specify an interim allocation for 

vermilion snapper. The only alternative 

to the final action is the no action 

alternative, which would not establish 

an allocation for vermilion snapper. The 

absence of an allocation would hinder 

overall TAC management and the ability 

to take corrective action in the 

appropriate sector should TAC overages 

occur. This alternative, therefore, would 

not achieve the Council’s objective. 

Five alternatives (with multiple subalternatives), including the final action, 

were considered for the action to 

establish management measures for 

vermilion snapper. The final action 

encompasses three separate alternatives: 

one alternative to establish a directed 

commercial quota, one alternative to 

allocate the commercial quota to two 

periods, January through June and July 

through December, and one alternative 

to establish recreational management 


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measures. The first alternative to the 

final action is the no action alternative, 

which would not change current 

management measures for vermilion 

snapper. The no action alternative 

would not achieve the Council’s 

objective of ending overfishing of 

vermilion snapper. Two alternatives to 

the final action would only apply to the 

commercial sector. The first of these 

alternatives addresses the seasonal 

allocation of the commercial quota and 

contains two sub-alternatives. The first 

of these sub-alternatives would allocate 

40 percent of the quota to the first 

season and 60 percent to the second 

season instead of the final action’s 50 

percent allocation to each period (as 

adjusted for post quota bycatch 

mortality (PQBM)). This alternative 

would be expected to have almost 

identical effects on commercial entities 

as the final action and is not expected 

to reduce the overall adverse economic 

effects of the final action. The second 

sub-alternative would maintain the 

equal 50–percent seasonal allocation (as 

adjusted for PQBM), as in the final 

action, but would lengthen the first 

season by 2 months, thereby 

establishing 8-month and 4-month 

seasons. This alternative would be 

expected to result in greater adverse 

economic impacts on commercial 

entities than the final action. The 

second alternative to the final action 

that would apply only to the 

commercial sector would establish a 

1,000–lb (454–kg) trip limit and a May 

1st start to the fishing year in lieu of 

seasonal quotas. Relative to the final 

action, this alternative would be 

expected to result in slightly lower 

adverse economic effects for vessel trips 

landing at least 1.0 lb (.45 kg) of 

vermilion snapper, but the Council did 

not choose this alternative because it 

would alter the distribution of harvests 

across the various areas. One 

alternative, which includes five subalternatives including the final action, 

would apply only to the recreational 

sector. Two of these sub-alternatives 

would maintain the zero bag limit for 

captain and crew, similar to the final 

action, but would impose higher 

minimum size limits and lower bag 

limits. As a result, these two subalternatives would be expected to result 

in greater adverse economic impacts on 

recreational small entities than the final 

action. The remaining two alternatives 

would maintain the zero bag limit for 

captain and crew like the final action. 

The first of these two alternatives would 

also establish a higher minimum size 

limit and a higher bag limit but a shorter 

seasonal closure than the final action. 

As a result of the higher bag limit and 

shorter seasonal closure, this alternative 

would result in lower adverse economic 

effects than the final action. The 

Council believes, however, that this 

alternative would have lower 

probability of achieving the target 

reduction in recreational harvest than 

the final action. The second of these two 

alternatives would maintain the same 

size limit as the final action but would 

establish a lower bag limit and longer 

seasonal closure. This alternative would 

result in greater adverse economic 

impacts on small entities than the final 

action. Overall, the Council believes 

that the final action on bag limit and 

seasonal closure, while maintaining the 

current size limit, will provide a higher 

probability of achieving the target 

reduction in recreational harvest at a 

reasonably acceptable economic cost to 

small entities. 

Three alternatives (with one set of 

sub-alternatives), including the final 

action, were considered for the action to 

reduce the bycatch mortality of snappergrouper. The first alternative to the final 

action is the no action alternative, 

which would not require additional 

measures to reduce bycatch mortality of 

snapper-grouper and would not achieve 

the Council’s objective. In addition to 

the requirement of the final action for 

vessels fishing for snapper-grouper to 

possess dehooking devices and use 

them as needed, the second alternative 

to the final action would also require 

the use of circle hooks and venting 

tools. This alternative could be expected 

to adversely affect the harvest of certain 

target species because the morphology 

of mouths and biting habits of some fish 

species would not allow circle hooks to 

be an effective harvest gear. As a result, 

this alternative would be expected to 

reduce the harvest of target species and 

result in greater adverse economic 

effects than the final action. 

Additionally, within this rejected 

alternative, sub-alternatives considered 

the application of the requirements to 

only the commercial sector, just the 

recreational sector, or both sectors. The 

final rule will apply to both sectors. 

Although the application of the new 

bycatch reduction requirements to a 

single sector would reduce the adverse 

economic effects for the exempted 

sector, the overall benefits of bycatch 

reduction would be lower. As a result, 

sector exemption would not achieve the 

Council’s objective. The original 

proposed action would require the use 

of dehooking devices and venting tools, 

but the venting tool requirement has 

been disapproved for the final rule as 

being overly broad and not in 

accordance with the administrative 

record. This action may be reconsidered 

when guidance is developed specifying 

species and capture depths for which 

venting is most appropriate. 

In addition to the actions discussed 

above, Amendment 16 considered 

alternatives to establish management 

reference points and stock status criteria 

for gag and vermilion snapper. These 

alternatives are discussed in the 

following paragraphs. 

For both gag and vermilion snapper, 

the final management reference points 

are such that MSY would be equated to 

the yield produced at FMSY, FOY equated 

to the fishing mortality rate specified in 

the rebuilding plan when the stock is 

overfished or at 75 percent of FMSY

when the stock is rebuilt, and OY 

equated to the yield produced at FMSY. 

In terms of economic effects, these 

management reference points only have 

meaningful content when evaluated 

through the management measures that 

would restrict the respective species to 

the allowable harvest levels. Also, 

because they are reference points and 

would not directly place any harvest 

restrictions on the fishery, none of the 

alternatives would result in any direct 

effects on any entities in the gag and 

vermilion snapper fisheries. 

Two alternatives, including the final 

action, were considered for the action to 

specify gag and vermilion snapper 

management reference points. The first 

alternative to the final action, the no 

action alternative, would retain the 

current definitions of MSY and OY. 

These definitions are not consistent 

with the most recent scientific advice 

and would not achieve the Council’s 

objective of basing management 

decisions on the best available scientific 

information. The second alternative 

contains three sub-alternatives for the 

specification of OY, one of which is the 

final OY specification. Each of the two 

alternative specifications to the final OY 

is based on the same specification of 

MSY, but provides for different OY 

levels, one more than the final OY and 

one less. All OY levels, including the 

final action, would result in relatively 

restrictive management measures. 

However, the final OY is expected to 

provide the best balance between shortterm adverse economic impacts and 

long-term protection to the stock. 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the final rule, and shall designate such 

publications as ‘‘small entity 


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compliance guides.’’ As part of the 

rulemaking process, NMFS prepared a 

fishery bulletin, which also serves as a 

small entity compliance guide. The 

fishery-bulletin will be sent to all vessel 

permit holders for the South Atlantic 

Snapper-Grouper fishery. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: June 23, 2009 

John Oliver, 

Deputy Assistant Administrator For 

Operations, National Marine Fisheries 

Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 622 is amended 

as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.35, paragraphs (j) and (k) 

are added to read as follows: 

§ 622.35 Atlantic EEZ seasonal and/or area 

closures. 

* * * * * 

(j) Seasonal closure of the recreational 

and commercial fisheries for gag and 

associated grouper species. During 

January through April each year, no 

person may fish for, harvest, or possess 

in or from the South Atlantic EEZ gag, 

black grouper, red grouper, scamp, red 

hind, rock hind, yellowmouth grouper, 

tiger grouper, yellowfin grouper, 

graysby, or coney. In addition, for a 

person on board a vessel for which a 

valid Federal commercial or charter 

vessel/headboat permit for South 

Atlantic snapper-grouper has been 

issued, the provisions of this closure 

apply in the South Atlantic, regardless 

of where such fish are harvested, i.e., in 

state or Federal waters. 

(k) Seasonal closure of the 

recreational fishery for vermilion 

snapper. The recreational fishery for 

vermilion snapper in or from the South 

Atlantic EEZ is closed from November 

1 through March 31, each year. In 

addition, for a person on board a vessel 

for which a valid Federal charter vessel/ 

headboat permit for South Atlantic 

snapper-grouper has been issued, this 

closure applies in the South Atlantic, 

regardless of where the fish are 

harvested, i.e., in state or Federal 

waters. During the closure, the bag and 

possession limit for vermilion snapper 

in or from the South Atlantic EEZ is 

zero. 

§ 622.36 [Amended] 

3. In § 622.36, paragraph (b)(4) is 

removed and reserved. 

■ 4. In § 622.39, paragraphs (d)(1)(ii) 

introductory text, (d)(1)(ii)(A), and 

(d)(1)(v) are revised to read as follows: 

§ 622.39 Bag and possession limits. 

* * * * * 

(d) * * * 

(1) * * * 

(ii) Grouper and tilefish, combined— 

3. However, no grouper or tilefish may 

be retained by the captain or crew of a 

vessel operating as a charter vessel or 

headboat. The bag limit for such captain 

and crew is zero. In addition, within the 

3–fish aggregate bag limit: 

(A) No more than one fish may be gag 

or black grouper, combined; 

* * * * * 

(v) Vermilion snapper—5. However, 

no vermilion snapper may be retained 

by the captain or crew of a vessel 

operating as a charter vessel or 

headboat. The bag limit for such captain 

and crew is zero. 

* * * * * 

■ 5. In § 622.41, paragraph (n) is added 

to read as follows: 

§ 622.41 Species specific limitations. 

* * * * * 

(n) Required gear in the South 

Atlantic snapper-grouper fishery. For a 

person on board a vessel to fish for 

South Atlantic snapper-grouper in the 

South Atlantic EEZ, the vessel must 

possess on board and such person must 

use the gear as specified in paragraphs 

(n)(1) of this section. 

(1) Dehooking device. At least one 

dehooking device is required and must 

be used as needed to remove hooks 

embedded in South Atlantic snappergrouper with minimum damage. The 

hook removal device must be 

constructed to allow the hook to be 

secured and the barb shielded without 

re-engaging during the removal process. 

The dehooking end must be blunt, and 

all edges rounded. The device must be 

of a size appropriate to secure the range 

of hook sizes and styles used in the 

South Atlantic snapper-grouper fishery. 

(2) [Reserved] 

■ 6. In § 622.42, paragraph (e)(4) is 

revised, and paragraph (e)(7) is added to 

read as follows: 

§ 622.42 Quotas. 

* * * * * 

(e) * * * 

(4) Vermilion snapper. (i) For the 

period January through June each year— 

315,523 lb (143,119 kg). 

(ii) For the period July through 

December each year—302,523 lb 

(137,222 kg). 

(iii) Any unused portion of the quota 

specified in paragraph (e)(4)(i) of this 

section will be added to the quota 

specified in paragraph (e)(4)(ii) of this 

section. Any unused portion of the 

quota specified in paragraph (e)(4)(ii) of 

this section, including any addition of 

quota specified in paragraph (e)(4)(i) of 

this section that was unused, will 

become void and will not be added to 

any subsequent quota. 

* * * * * 

(7) Gag—352,940 lb (160,091 kg). 

* * * * * 

■ 7. In § 622.43, paragraph (a)(5) is 

revised to read as follows: 

§ 622.43 Closures. 

* * * * * 

(a) * * * 

(5) South Atlantic gag, greater 

amberjack, snowy grouper, golden 

tilefish, vermilion snapper, black sea 

bass, and red porgy. (i) The appropriate 

bag limits specified in § 622.39(d)(1) 

and the possession limits specified in 

§ 622.39(d)(2) apply to all harvest or 

possession of the applicable species in 

or from the South Atlantic EEZ, and the 

sale or purchase of the applicable 

species taken from or possessed in the 

EEZ is prohibited. 

(ii) The bag and possession limits for 

the applicable species and the 

prohibition on sale/purchase 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, without regard to where 

such species were harvested, i.e., in 

state or Federal waters. 

(iii) For gag only, when the 

commercial quota for gag is reached, the 

provisions of paragraphs (a)(5)(i) and (ii) 

of this section apply to gag and the 

following associated grouper species: 

black grouper, red grouper, scamp, red 

hind, rock hind, yellowmouth grouper, 

tiger grouper, yellowfin grouper, 

graysby, and coney. 

* * * * * 

■ 8. In § 622.45, paragraph (d)(7) is 

revised to read as follows: 

§ 622.45 Restrictions on sale/purchase. 

* * * * * 

(d) * * * 

(7) During January through April, no 

person may sell or purchase a gag, black 

grouper, red grouper, scamp, red hind, 

rock hind, yellowmouth grouper, tiger 

grouper, yellowfin grouper, graysby, or 

coney harvested from or possessed in 

the South Atlantic EEZ or, if harvested 

or possessed by a vessel for which a 

valid Federal commercial or charter 

vessel/headboat permit for South 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 30973 

Atlantic snapper-grouper has been 

issued, harvested from the South 

Atlantic, i.e., state or Federal waters. 

The prohibition on sale/purchase during 

January through April does not apply to 

such species that were harvested, 

landed ashore, and sold prior to January 

1 and were held in cold storage by a 

dealer or processor. This prohibition 

also does not apply to a dealer’s 

purchase or sale of such species 

harvested from an area other than the 

South Atlantic, provided such fish is 

accompanied by documentation of 

harvest outside the South Atlantic. Such 

documentation must contain: 

(i) The information specified in 50 

CFR part 300 subpart K for marking 

containers or packages of fish or wildlife 

that are imported, exported, or 

transported in interstate commerce; 

(ii) The official number, name, and 

home port of the vessel harvesting such 

fish; 

(iii) The port and date of offloading 

from the vessel harvesting such fish, 

and; 

(iv) A statement signed by the dealer 

attesting that such fish was harvested 

from an area other than the South 

Atlantic. 

* * * * * 

[FR Doc. E9–15342 Filed 6–26–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 080521698–9067–02] 

RIN 0648–XQ01 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

(NE) Multispecies Fishery; Closure of 

the Eastern U.S./Canada Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces a temporary 

closure of the Eastern U.S./Canada Area 

to limited access NE multispecies daysat-sea (DAS) vessels. Based upon Vessel 

Monitoring System (VMS) reports and 

other available information, the 

Administrator, Northeast Region, NMFS 

(Regional Administrator) has projected 

that the total allowable catch (TAC) of 

Georges Bank (GB) cod allocated to be 

harvested from the Eastern U.S./Canada 

Area from May 1, 2009, through July 31, 

20098, would be harvested on or around 

June 24, 2009, if current catch rates 

continue. This action is being taken to 

prevent the Eastern U.S./Canada Area 

TAC specified for the first quarter of the 

2009 fishing year from being exceeded. 

This area will be reopened on August 1, 

2009, to provide access to the shared 

U.S./Canada Stocks of cod, haddock, 

and yellowtail flounder. 

DATES: The temporary closure of the 

Eastern U.S./Canada Area to all limited 

access NE multispecies DAS vessels is 

effective 0001 hr June 26, 2009, through 

2400 hr local time, July 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Allison Murphy, Fishery Management 

Specialist, (978) 281–9122, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing fishing activity in 

the U.S./Canada Management Area are 

found at § 648.85. These regulations 

authorize vessels issued a valid limited 

access NE multispecies permit and 

fishing under a NE multispecies DAS to 

fish in the Eastern U.S./Canada Area 

under specific conditions. The final 

2009 Interim Rule published on April 

13, 2009 (73 FR 17030) set the Eastern 

GB cod TAC allocation for the 2009 

fishing year at 527 mt. The Interim Rule 

also delayed the opening of the Eastern 

U.S./Canada Area to trawl vessels until 

August 1, 2009, and set a TAC for the 

first quarter of the 2009 fishing year for 

fixed-gear vessels at 5 percent of the 

annual TAC (26.4 mt). To prevent overharvesting the TAC allocations for the 

U.S./Canada Management Area, the 

regulations at § 648.85(a)(3)(iv)(D) 

authorize the Regional Administrator to 

close access to the Eastern U.S./Canada 

Area for all limited access NE 

multispecies DAS vessels. 

Based upon VMS daily catch reports 

and other available information, 79 

percent of the first quarter 2009 Eastern 

GB cod TAC of 26.4 mt has been 

harvested. Assuming this catch rate 

continues, it is estimated that 100 

percent of the 2009 Eastern GB cod TAC 

specified for the first quarter will be 

caught on or around June 24, 2009. 

Therefore, based on the available 

information described above, to ensure 

that the first quarter TAC for Eastern GB 

cod will not be exceeded, the Eastern 

U.S./Canada Area is temporarily closed 

to all limited access NE multispecies 

DAS vessels, effective 0001 hr June 26, 

2009, pursuant to § 648.85(a)(3)(iv)(E). 

This area will reopen on August 1, 2009, 

to all NE multispecies DAS vessels 

fishing with approved gear, as well as to 

vessels participating in the Eastern U.S./ 

Canada Haddock Special Access 

Program, for the purpose of providing 

access to the shared U.S./Canada stocks 

of cod, haddock, and yellowtail 

flounder, pursuant to the regulations at 

§ 648.85(a)(3)(iv)(D). 

Vessel owners that have made a 

correct VMS declaration indicating their 

intention to fish in the Eastern U.S./ 

Canada Area, and crossed the 

demarcation line prior to 0001 hr June 

26, 2009 may continue to fish for the 

remainder of their trip in the Eastern 

U.S./Canada Area. Vessels that are 

currently declared into the Eastern U.S./ 

Canada Area and have already ‘‘flexed 

out’’ or ‘‘flexed west,’’ may not reenter 

the Eastern U.S./Canada Area after 0001 

hr June 26, 2009. Any vessel that leaves 

the Eastern U.S./Canada Area after 0001 

hr June 26, 2009 is prohibited from 

reentering the Eastern U.S./Canada Area 

for the remainder of the fishing year, 

unless otherwise notified. 

Classification 

This action is authorized by 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(3)(B) and 

(d)(3), the Assistant Administrator finds 

good cause to waive prior notice and 

opportunity for public comment, as well 

as the delayed effectiveness for this 

action, because prior notice and 

comment and a delayed effectiveness 

would be impracticable and contrary to 

the public interest. The temporary 

closure of the Eastern U.S./Canada Area 

to NE multispecies DAS vessels is 

necessary to prevent the Eastern U.S./ 

Canada Area GB cod TAC cap from 

being exceeded during the first quarter 

of the 2009 fishing year. It is projected 

that 100 percent of the GB cod TAC cap 

of 5 percent will be harvested if the 

Eastern U.S./Canada Area is closed 

immediately. This projection was not 

available until June 19, 2009. 

This action is authorized by the 

regulations at § 648.85(a)(3)(iv)(D) to 

prevent over-harvesting the U.S./Canada 

Management Area TACs. The time 

necessary to provide for prior notice, 

opportunity for public comment, and 

delayed effectiveness for this action 

would prevent the agency from taking 

immediate action to halt the catch of GB 

cod in the Eastern U.S./Canada Area 

and prevent the first quarter Eastern 

U.S./Canada Area GB cod TAC from 

being exceeded prior to the end of the 

first quarter, July 31, 2009. To allow 

vessels to continue fishing effort on 

Eastern GB cod during the period 

necessary to publish and receive 

comments on a proposed rule could 

allow the Eastern GB cod harvest to 


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