[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Proposed Rules]
[Pages 23930-23934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10488]
[[Page 23930]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 622
[Docket No. 110422261-1261-01]
RIN 0648-BA70
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Snapper-Grouper
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule to implement actions identified
in a regulatory amendment (Regulatory Amendment 9) to the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (FMP) prepared by the South Atlantic Fishery Management Council
(Council). This proposed rule would reduce the recreational bag limit
for black sea bass, establish a split season for the black sea bass
commercial quota, increase the commercial trip limit for greater
amberjack, and establish commercial trip limits for vermilion snapper
and gag. This rule also proposes a minor revision to the mailing
address for the NMFS Southeast Regional Administrator (RA). The
intended effect of this proposed rule is to help prevent overfishing of
black sea bass, gag, and vermilion snapper while achieving optimum
yield (OY) by reducing the rate of harvest of these three species, to
achieve OY for greater amberjack, and to implement a technical
correction to the regulations.
DATES: Written comments must be received on or before May 16, 2011.
ADDRESSES: You may submit comments on the proposed rule identified by
0648-BA07 by any of the following methods:
Electronic submissions: Submit electronic comments via the
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
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.
To submit comments through the Federal e-rulemaking portal: http://www.regulations.gov, enter '' NOAA-NMFS-2011-0107 '' in the keyword
search, then check the box labeled ``Select to find documents accepting
comments or submissions'', the select ``Send a comment or submission''.
NMFS will accept anonymous comments (enter N/A in the required field if
you wish to remain anonymous). You may submit attachments to electronic
comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file
formats only.
Comments received through means not specified in this rule will not
be considered.
Copies of the regulatory amendment, which includes an environmental
assessment and a regulatory impact review, may be obtained from the
South Atlantic Fishery Management Council, 4055 Faber Place Drive,
Suite 201, North Charleston, SC 29405; telephone 843-571-4366; fax 843-
769-4520; e-mail [email protected]; or may be downloaded from the
Council's Web site at http://www.safmc.net/.
FOR FURTHER INFORMATION CONTACT: Kate Michie, 727-824-5305.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic is managed under the FMP. The FMP was prepared by the Council
and is implemented through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the OY from federally managed fish stocks. These mandates are
intended to ensure fishery resources are managed for the greatest
overall benefit to the nation, particularly with respect to providing
food production and recreational opportunities, and protecting marine
ecosystems. To further this goal, the Magnuson-Stevens Act requires
fishery managers to end overfishing of stocks while achieving OY from
the fishery, and to minimize bycatch and bycatch mortality to the
extent practicable.
The snapper-grouper fishery in the South Atlantic is managed
through a variety of measures to achieve OY for many species, including
black sea bass, gag, and vermilion snapper. These measures include
restrictions on the total harvest, recreational and commercial
allocations, recreational and commercial annual catch limits (ACLs),
and accountability measures (AMs). As overfishing is ended for an
overfished stock, and biomass increases, a species specific ACL is
likely to be met earlier each fishing season as a result of the
increased availability of the stock for harvest. This can lead to an
increased likelihood of derby-style harvesting, which is undesirable
from economic, vessel safety, and social perspectives. Derby-style
harvesting, also termed as ``the race for fish'', consists of a short
duration of increased effort where harvest is maximized prior to
reaching an ACL. Additionally, since the commercial quota for greater
amberjack is not being met on an annual basis, OY for this species is
not being achieved. To address these issues, the Council requested the
development of Regulatory Amendment 9, at its March 2010 meeting.
An increasingly restrictive regulatory environment has resulted in
a shift of fishing effort from other more restricted snapper-grouper
species to the commercial and recreational sectors for black sea bass
and vermilion snapper, which results in reaching their respective
quotas relatively early in their fishing seasons. In order to prevent
the progressive shortening of fishing seasons for black sea bass, gag,
and vermilion snapper, and to maximize the probability of achieving OY
for greater amberjack, the Council voted to approve Regulatory
Amendment 9 at its March 2011 meeting.
Management Measures Contained in this Proposed Rule
This proposed rule would reduce the black sea bass recreational bag
limit; establish a split season commercial quota for black sea bass;
revise the commercial trip limit for greater amberjack; and establish
commercial trip limits for vermilion snapper and gag. Additionally,
this proposed rule would make a minor revision to the codified text to
correct an address for the RA.
Black Sea Bass Recreational Bag Limit
Black sea bass is overfished and undergoing overfishing and is
managed under a rebuilding plan. Recreational management measures to
rebuild the stock are currently in place and include a recreational ACL
of 409,000 lb (185,519 kg), a 15-fish per person daily bag limit, and a
size limit. The recreational sector for black sea bass
[[Page 23931]]
also has AMs in place to monitor the ACL with respect to average
landings, to prohibit recreational harvest if the ACL is exceeded, and
to require an ACL reduction the fishing year following an ACL overage.
The Council voted to address the progressive shortening of the black
sea bass recreational fishing season by implementing management
measures intended to slow the rate of harvest to allow for a longer
fishing season. For the recreational sector, this proposed rule would
reduce the bag limit from 15-fish per person per day to 5-fish per
person per day. This bag limit reduction is projected to lengthen the
recreational fishing season by approximately 1 month or more.
Black Sea Bass Commercial Quota
In an effort to end overfishing, the black sea bass commercial
quota has been reduced in recent years. Effort shifts from other
snapper-grouper species to the black sea bass component of the snapper-
grouper fishery, as well as the reduced commercial quota of 309,000 lb
(140,160 kg), have resulted in the commercial quota being met earlier
in the fishing year. For example, during the June 2009 through May 2010
fishing year, the commercial sector was closed on December 20, 2009.
For the June 2010 through May 2011 fishing year, the commercial sector
was closed on October 7, 2010, but reopened for 14 days beginning on
December 1, 2010, when subsequent landings data indicated that the
quota had not been reached by October 7, 2010.
To address the progressive shortening of the black sea bass
commercial fishing season, the Council voted to implement management
measures that are intended to slow the rate of harvest to lengthen the
fishing season. This proposed rule would split the commercial quota
into two 6-month seasons, from June-November and from December-May each
year. The commercial quota for the June-November season would be
128,547 lb (58,308 kg), and the commercial quota for the December-May
season would be 180,453 lb (81,852 kg). These split season quotas are
based on average commercial landings for June through November and
December though May for the 2006 through 2009 fishing years. If a
portion of the June-November commercial quota remains unharvested by
the end of November each year, the unharvested commercial quota will be
added to the quota for the December-May season. If a portion of the
December-May seasonal commercial quota remains unharvested, the
unharvested amount will not be added to either split season commercial
quotas for the following fishing year.
Greater Amberjack Commercial Trip Limit
Greater amberjack is not overfished and is not undergoing
overfishing. The annual commercial quota for greater amberjack has
never been met under the trip limit of 1,000 lb (454 kg) which has been
in effect since October of 2000. To increase the probability of
achieving OY while maintaining commercial restrictions to prevent quota
overages, this proposed rule would increase the current commercial trip
limit for greater amberjack from 1,000 lb (454 kg) to 1,200 lb (544
kg). It is expected that increasing the commercial trip limit by 200 lb
(91 kg) will increase harvest opportunities within the commercial
sector without resulting in significantly reduced market prices.
Vermilion Snapper and Gag Commercial Trip Limits
Amendment 17B to the FMP (75 FR 82280, December 30, 2010), recently
implemented management measures for eight South Atlantic snapper-
grouper species and is expected to result in fishing effort shifts from
other species within the snapper-grouper complex to the black sea bass,
vermilion snapper, and gag commercial components of the snapper-grouper
fishery. In order to reduce the likelihood of the commercial quotas for
vermilion snapper and gag being met early in the fishing year, this
proposed rule would establish a trip limit of 1,500 lb (680 kg) for
vermilion snapper, and a trip limit of 1,000 lb (454 kg) for gag. These
trip limits are expected to slow the rate of harvest of these species,
and therefore extend commercial harvest opportunities during the
fishing year for vermilion snapper and gag while reducing the risk of
commercial quota closures early in the fishing year.
Revision To Update Address for NMFS Regional Administrator
The mailing address for the RA, as listed in Table 1 in Sec.
600.502, is outdated. This rule proposes to revise that section to
reflect the current address. This additional measure is unrelated to
the actions contained in Regulatory Amendment 9.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the regulatory amendment, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA), as
required by section 603 of the Regulatory Flexibility Act, for this
proposed rule. The IRFA describes the economic impact that this
proposed rule, if adopted, would have on small entities. A description
of the action, why it is being considered, and the objectives of, and
legal basis for this action are contained at the beginning of this
section in the preamble and in the SUMMARY section of the preamble. A
copy of the full analysis is available from the Council (see
ADDRESSES). A summary of the IRFA follows.
The Magnuson-Stevens Act provides the statutory basis for the
proposed rule. No duplicative, overlapping, or conflicting Federal
rules have been identified. The proposed rule would not establish any
new reporting, record-keeping, or other compliance requirements.
The proposed rule is expected to directly affect commercial
harvesting and for-hire fishing operations. The Small Business
Administration 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 its affiliated operations worldwide. For for-
hire vessels, the same qualifiers that apply to fish harvesting would
apply, but the annual receipts threshold is $7.0 million (NAICS code
713990, recreational industries).
From 2007-2009, an average of 895 vessels-per-year had valid
permits to operate in the commercial sector of the snapper-grouper
fishery. Of these 895 vessels, 751 held transferable permits and 144
held non-transferable permits. On average, 797 vessels landed snapper-
grouper species, generating dockside revenues of approximately $14.514
million (2008 dollars). Each vessel, therefore, generated an average of
approximately $18,000 annually in gross revenues from snapper-grouper
commercial landings. Gross dockside revenues by state are distributed
as follows: $4.054 million in North Carolina, $2.563 million in South
Carolina, $1.738 million in Georgia/Northeast Florida, $3.461 million
in central and southeast Florida, and $2.695 million in the Florida
Keys.
[[Page 23932]]
Vessels that operate in the snapper-grouper commercial sector may also
operate in other fisheries; the revenues from the other fisheries
cannot be determined with available data and thus are not reflected in
these totals.
Based on revenue information, all commercial vessels affected by
the proposed rule can be considered small entities.
From 2007-2009, an average of 1,797 vessels had valid permits to
operate in the for-hire component of the snapper-grouper fishery. Of
the 1,797 vessels, 82 are estimated to have operated as headboats. The
for-hire fleet is comprised of charterboats, which charge a fee on a
vessel basis, and headboats, which charge a fee on an individual angler
(head) basis. The charterboat annual average gross revenue is estimated
to range from approximately $62,000-$84,000 for Florida vessels,
$73,000-$89,000 for North Carolina vessels, $68,000-$83,000 for Georgia
vessels, and $32,000-$39,000 for South Carolina vessels. For headboats,
the corresponding estimates are $170,000-$362,000 for Florida vessels,
and $149,000-$317,000 for vessels in the other states.
Based on these average revenue figures, all for-hire operations
that would be affected by the proposed rule can be considered small
entities.
Some fleet activity, i.e., multiple vessels owned by a single
entity, may exist in both the commercial and for-hire snapper-grouper
sectors but its extent is unknown, and therefore all vessels are
treated as independent entities in this analysis.
The proposed rule is expected to directly affect all federally
permitted commercial and for-hire vessels that operate in the South
Atlantic snapper-grouper fishery. All directly affected entities have
been determined, for the purpose of this analysis, to be small
entities. Therefore, it is determined that the proposed action would
affect a substantial number of small entities.
Because all entities that are expected to be affected by the
proposed rule are considered small entities, the issue of
disproportional effects on small versus large entities does not arise
in the present case.
A qualitative discussion of the effects of splitting the black sea
bass commercial quota between the June-November and December-May sub-
seasons indicates that profits to the commercial fishing fleet would
not deteriorate, as would occur under the no action alternative of
maintaining a single quota for the entire fishing year, because the
split season quota would break up any derby-style harvesting and thus
potentially maintain relatively higher dockside prices via a longer
fishing season.
Relative to the no action alternative, the proposed action to
reduce the recreational bag limit to five black sea bass per person-
per-day is expected to increase short-term for-hire vessel profits (net
operating revenues (NOR)) annually from approximately $78,000 to
$164,000 assuming no trip cancellation during the open season, or from
approximately $45,000 to $131,000 assuming some trip cancellations
during the open season. This expected increase in short-term profits
would come from a reduced recreational quota closure duration relative
to the no action alternative.
The proposed action to establish a 1,500-lb (680-kg) commercial
trip limit for vermilion snapper is expected to reduce the gross
revenues of commercial vessels by approximately $306,000 annually.
Profits would be reduced accordingly. Among the trip limit
alternatives, however, the proposed action is expected to result in the
lowest revenue losses. Commercial fishing vessels in North Carolina and
Georgia/Northeast Florida would experience the largest revenue losses
compared to those of other states/areas in the South Atlantic.
The proposed action to establish a 1,000-lb (454-kg) commercial
trip limit for gag is expected to reduce the short-term gross revenues
of the commercial fishing fleet by approximately $102,000 annually.
Short-term fleet profits are also expected to decrease. However,
relative to the no action alternative, the proposed action is expected
to lengthen the commercial season so that revenues and profits could
increase over time. The largest short-term revenue (and profit)
reductions would fall on vessels in South Carolina and Georgia/
Northeast Florida.
The proposed action to increase the commercial trip limit for
greater amberjack to 1,200 lb (544 kg) is expected to increase short-
term gross revenues of commercial vessels. Short-term profits are also
expected to increase. Over time, the net result on vessel revenues and
profits would depend on the resulting fishing season length under the
higher trip limit.
Thirteen alternatives, including two alternatives for the proposed
action, were considered for the harvest management of black sea bass.
The first alternative to the proposed action is the no action
alternative. This alternative would not address the derby concern in
the commercial sector of the black sea bass segment of the snapper-
grouper fishery. The second alternative to the proposed action would
establish a commercial trip limit, with 8 sub-alternatives. The first
sub-alternative would be a 500-lb (227-kg) trip limit; the second, a
750-lb (340-kg) trip limit; the third, a 1,000-lb (454-kg) trip limit;
the fourth, a 1,250-lb (567-kg) trip limit; the fifth, a 1,000-lb (454-
kg) trip limit but reduced to 500-lb (227-kg) when 75 percent of the
quota is met; the sixth, a 2,000-lb (907-kg) trip limit; the seventh, a
2,500-lb (1,134-kg) trip limit; and, the eighth, a 340-lb (154-kg) trip
limit. Based on the input received during public hearings, from the
Council's Advisory Panel, from the Council's Scientific and Statistical
Committee, and the fact that the stock is undergoing an assessment
through the Southeast Data, Assessment, and Review (SEDAR 25), the
results of which will be available by the end of 2011, the Council
chose not to implement trip limits for the black sea bass commercial
sector at this time. The Council concluded the preferred alternative
best meets the purpose and need to prevent the progressive shortening
of the fishing season while ensuring equity in harvest opportunities,
promoting safety at sea, and minimizing adverse socioeconomic impacts.
The third alternative to the proposed action would retain the
fishing year (June 1 through May 31) and specify separate commercial
quotas for the June-December and the January-May sub-seasons based on
2006-2009 landings. This is similar to the proposed action, except that
the first sub-season ends in December, with January being the starting
month of the second sub-season. The effects of this alternative on
small entities are comparatively the same as those of the proposed
action, except that the proposed action would allow the second sub-
season to start, with available quota, at the time when the traditional
winter pot component of the commercial sector takes place in December.
The fourth alternative to the proposed action would change the
black sea bass fishing year to November-October and specify separate
commercial quotas for November-April and May-October. The Council
recognized the distributional effects of changing the fishing year, and
decided to address this issue, together with a regional approach to
management of black sea bass, after the SEDAR 25 assessment is
completed in late 2011.
The fifth alternative to the proposed action would change the black
sea bass fishing year to January-December and specify separate
commercial quotas for January-June and July-December. This alternative
raises the same issue as the
[[Page 23933]]
fourth alternative to the proposed action for which the Council decided
to consider the fishing year issue, together with regional approach to
management, in the future.
The sixth alternative would add to alternatives two through five of
the proposed action, a measure that would allow a carry-over of unused
portion of the quota from the second part of the fishing year to the
next fishing year. This alternative has the potential to result in
exceeding the commercial quota for the next year that would trigger
application of AMs, resulting in revenue and profit losses to the
commercial fishing fleet. In addition, this alternative could result in
exceeding other fishery benchmarks and the stock could be considered to
experience overfishing. More restrictive regulations could result that
would only increase revenue and profit losses to the fishing fleet.
The seventh alternative to the proposed action would add to
alternatives two through five a measure that would close the black sea
bass commercial pot gear component, but not other allowable gear types,
when all but 100,000 lb (45,359 kg) of the commercial quota for the
sub-season is harvested and would allow all allowable gear types to
operate in the next sub-season. The Council decided not to impose
specific gear restriction at this time partly due to the problem of
monitoring catches by gear type on a timely basis.
The eighth alternative to the proposed action is similar to the
seventh alternative to the proposed action, except that 50,000 lb
(22,680 kg) would be the amount of quota remaining to trigger the
closure of the black sea bass commercial pot component. The Council
decided not to impose specific gear restriction at this time partly due
to the problem of monitoring catches by gear type on a timely basis.
The ninth alternative to the proposed action would close the black
sea bass commercial pot component when 90 percent of the commercial
quota is met. The Council decided not to impose specific gear
restrictions at this time partly due to the problem of monitoring
catches by gear type on a timely basis.
The tenth alternative to the proposed action would establish a
spawning season closure, with four sub-alternatives. The first sub-
alternative would implement a March-April closure applicable to both
the commercial and recreational sectors; the second, an April-May
closure; the third, a March-May closure; and, the fourth, a May
closure. A spawning season closure for black sea bass that would affect
both the commercial and recreational sectors was considered as a
possible tool to extend the fishing season and benefit the stock.
However, there was strong opposition from the public toward such a
measure given other additional proposed measures within Regulatory
Amendment 9. While many fishermen are in favor of curbing harvest
during the spawning season, they stated that curbing harvest would be
best accomplished with a modification to the fishing year. Moreover,
the black sea bass stock is under a rebuilding schedule, there are
indications that the stock is rebuilding, and a stock assessment is
currently underway.
The eleventh alternative to the proposed action for black sea bass
management would modify the current recreational bag limit of 15-fish
per person per day for black sea bass, with 5 sub-alternatives, one of
which is the proposed action. The first sub-alternative would reduce
the bag limit to 7-fish per person per day; the second, 5-fish per
person per day; the third, 3-fish per person per day; the fourth, 2-
fish per person per day; and the fifth, 1-fish per person per day.
Relative to the 15-fish bag limit and depending on the baseline year
used, the bag limit alternatives would have varying effects on the
annual NOR of the for-hire fleet. The first sub-alternative would
result in increased NOR from approximately $19,000 to $129,000
annually; the second sub-alternative would increase NOR from negative
$62,000 to positive $48,000 annually; the third sub-alternative would
result in a decreased NOR of $97,000 annually; and, the fourth sub-
alternative would result in a decreased NOR of $226,000 annually. These
effects are less than the positive effects of the proposed action. The
Council's decision to recommend the proposed action of a 5-fish bag
limit per person per day was based on public support and the fact that
a large percentage of recreational trips result in approximately 5
black sea bass landed per person. Moreover, the Council considered this
proposed action as an interim measure until results of SEDAR 25 are
available.
Seven alternatives, including the proposed action, were considered
for commercial vermilion snapper trip limit. The first alternative to
the proposed action is the no action alternative. This alternative
would not address concerns regarding derby fishing practices in the
commercial sector of the vermilion snapper segment of the snapper-
grouper fishery. The second alternative to the proposed action would
establish a 1,000-lb (454-kg) commercial trip limit, with one sub-
alternative that would reduce the trip limit to 500 lb (227 kg) when 75
percent of the commercial quota is met. This alternative would lengthen
the commercial fishing season relative to the no action alternative,
but it would bring about a reduction in short-term revenues of
approximately $611,000 annually without the sub-alternative, or
$752,000 annually with the sub-alternative. These reductions are larger
than those that would occur under the proposed action. The third
alternative to the proposed action would establish a 1,500-lb (680-kg)
trip limit, and reduce the trip limit to 500 lb (227 kg) when 75
percent of the commercial quota is met. This alternative would bring
about a reduction in short-term revenues of approximately $505,000.
This revenue reduction is larger than what would occur under the
proposed action. The fourth alternative to the proposed action would
establish a 750-lb (340-kg) commercial trip limit, with one sub-
alternative that would reduce the commercial trip limit to 400 lb (181
kg) when 75 percent of the commercial quota is met. Compared to the
proposed action, this alternative would result in short-term revenue
reductions of approximately $880,000 annually without the sub-
alternative, or $1,013,000 annually with the sub-alternative. The fifth
alternative to the proposed action would establish a 500-lb (227-kg)
commercial trip limit. This alternative would result in short-term
revenue reductions of approximately $1,302,000 annually, which is much
larger than those resulting under the proposed action. The sixth
alternative to the proposed action would establish a 400-lb (181-kg)
commercial trip limit. Compared to the proposed action, this
alternative would result in larger revenue reductions of approximately
$1,528,000 annually.
Five alternatives, including the proposed action, were considered
for gag commercial trip limit. The first alternative to the proposed
action is the no action alternative. This alternative would not address
the derby concern in the gag commercial sector the snapper-grouper
fishery. The second alternative to the proposed action would establish
a 1,000-lb (454-kg) commercial trip limit that would be reduced to a
100-lb (45-kg) trip limit when 75 percent of the commercial quota is
projected to be met. This alternative would result in short-term
revenue reductions of approximately $392,000 annually when based on
2007 landings, or $204,000 annually when based on 2009 landings.
The third alternative to the proposed action would establish a 750-
lb (340-kg) commercial trip limit, with one sub-alternative that would
reduce the
[[Page 23934]]
commercial trip limit to 100 lb (45 kg) when 75 percent of the
commercial quota is projected to be met. This alternative would result
in short-term revenue reductions of approximately $194,000 annually
without the sub-alternative, or from $467,000 annually (based on 2007
landings) to $228,000 (based on 2009 landings) with the sub-
alternative. The fourth alternative to the proposed action would
establish a 1,000-lb (454-kg) commercial trip limit, with a season
starting on May 1, and reduce the trip limit to 100 lb (45 kg) when 90
percent of the gag commercial quota is projected to be met. This
alternative would result in revenue reductions greater than $102,000
annually but less than $392,000 annually. All of these alternatives to
the proposed action are expected to result in larger short-term revenue
reductions than the proposed action.
Two alternatives, including the proposed action, were considered
for the greater amberjack commercial trip limit. The first alternative
to the proposed action is the no action alternative, which specifies a
1,000-lb (454-kg) commercial trip limit. Under this trip limit
alternative, it was considered that the commercial quota for greater
amberjack has not been fully taken. A trip limit increase was
considered to allow the fishing fleet to harvest the entire commercial
quota for greater amberjack in order to mitigate the adverse effects of
increased restrictions applied in other fisheries prosecuted by the
same fishermen. The second alternative consists of three sub-
alternatives, one of which is the proposed action. The first sub-
alternative would increase the greater amberjack commercial trip limit
to 2,000 lb (907 kg) while the second sub-alternative would increase
the greater amberjack commercial trip limit to 1,500 lb (680 kg). Each
of these two trip limit alternatives would result in larger short-term
revenue increases than the proposed action. However, they pose a higher
risk that the commercial quota for greater amberjack would be met prior
to the end of the fishing season, resulting in potentially larger
revenue and profit reductions to the fishing fleet.
List of Subjects
50 CFR Part 600
Fisheries and Fishing vessels.
50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: April 26, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 600 and 622
are proposed to be amended as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
1. The authority citation for part 600 continues to read as
follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. et seq.
2. In Sec. 600.502, revise Table 1 entry ``Administrator,
Southeast Region'' to read as follows:
Sec. 600.502 Vessel reports.
* * * * *
Table 1 to Sec. 600.502--Addresses
------------------------------------------------------------------------
NMFS science and U.S. Coast Guard
NMFS regional administrators research directors commanders
------------------------------------------------------------------------
* * * * * * *
Administrator, Southeast Director, Southeast Commander, Atlantic
Region, National Marine Fisheries Science Area, U.S. Coast
Fisheries Service, 263 13th Center, National Guard, Governor's
Ave., South, St. Marine Fisheries Island, New York
Petersburg, FL 33701. Service, NOAA, 75 10004.
Virginia Beach
Drive, Miami, FL
33701.
* * * * * * *
------------------------------------------------------------------------
* * * * *
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
3. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. In Sec. 622.39, paragraph (d)(1)(vii) is revised to read as
follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(d) * * *
(1) * * *
(vii) Black sea bass--5.
* * * * *
5. In Sec. 622.42, paragraph (e)(5) is revised to read as follows:
Sec. 622.42 Quotas.
* * * * *
(e) * * *
(5) Black sea bass. (i) For the period June through November each
year--128,547 lb (58,308 kg).
(ii) For the period December through May each year--180,453 lb
(81,852 kg).
(iii) Any unused portion of the quota specified in paragraph
(e)(5)(i) of this section will be added to the quota specified in
paragraph (e)(5)(ii) of this section. Any unused portion of the quota
specified in paragraph (e)(5)(ii) of this section, including any
addition of quota specified in paragraph (e)(5)(i) of this section that
was unused, will become void and will not be added to any subsequent
quota.
* * * * *
6. In Sec. 622.44, the first sentence of paragraph (c)(5) is
revised and paragraphs (c)(6) and (c)(7) are added to read as follows:
Sec. 622.44 Commercial trip limits.
* * * * *
(c) * * *
(5) Greater amberjack. Until the quota specified in Sec.
622.42(e)(3) is reached--1,200 lb (544 kg). * * *
(6) Vermilion snapper. Until either quota specified in Sec.
622.42(e)(4)(i) or (ii) is reached--1,500 lb (680 kg). See Sec.
622.43(a)(5) for the limitations regarding vermilion snapper after
either quota is reached.
(7) Gag. Until the quota specified in Sec. 622.42(e)(7) is
reached--1,000 lb (454 kg). See Sec. 622.43(a)(5) for the limitations
regarding gag after the quota is reached.
* * * * *
[FR Doc. 2011-10488 Filed 4-28-11; 8:45 am]
BILLING CODE 3510-22-P