[Federal Register Volume 73, Number 223 (Tuesday, November 18, 2008)]
[Proposed Rules]
[Pages 68390-68398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27335]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 070719384-7386-01]
RIN 0648-AV80


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 30B

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 Amendment 30B to 
the Fishery Management Plan for the Reef Fish Resources of the Gulf of 
Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council 
(Council). This proposed rule would establish annual catch limits 
(ACLs) and accountability measures (AMs) for commercial and 
recreational gag, red grouper, and shallow-water grouper (SWG); 
establish a commercial quota for gag; adjust the commercial quotas for 
red grouper and shallow-water grouper; establish an incidental bycatch 
allowance trip limit for commercial gag and red grouper; reduce the 
commercial minimum size limit for red grouper; reduce the gag bag limit 
and the aggregate grouper bag limit; increase the red grouper bag 
limit; extend the closed season for recreational shallow-water grouper; 
establish a new reef fish seasonal-area closure; eliminate the end date 
for the Madison-Swanson and Steamboat Lumps marine reserves; and 
require that federally permitted reef fish vessels comply with the more 
restrictive of Federal or state reef fish regulations when fishing in 
state waters. In addition, Amendment 30B would establish management 
targets and thresholds for gag consistent with the requirements of the 
Sustainable Fisheries Act; set the gag and red grouper total allowable 
catch (TAC); and establish interim allocations for the commercial and 
recreational gag and red grouper fisheries. This proposed rule is 
intended to end overfishing of gag and maintain catch levels of red 
grouper consistent with achieving optimum yield.

DATES: Written comments must be received on or before January 2, 2009.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``0648-AV80'' by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov.
     Fax: 727-824-5308; Attention: Peter Hood.
     Mail: Peter Hood, 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-2008-0203'' in the keyword 
search, then select ``Send a Comment or Submission.'' NMFS will accept 
anonymous comments (enter N/A in the required fields, if you wish to 
remain anonymous). You may submit attachments to electronic comments in 
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
    Copies of Amendment 30B, which includes an environmental impact 
statement, an initial regulatory flexibility analysis (IRFA), and a 
regulatory impact review (RIR) may be obtained from the Gulf of Mexico 
Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, 
FL 33607; telephone 813-348-1630; fax 813-348-1711; e-mail 
[email protected]; or may be downloaded from the Council's 
website at http://www.gulfcouncil.org/.

FOR FURTHER INFORMATION CONTACT: Peter Hood, 727-824-5305.

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
is managed under the FMP. The FMP was prepared by the Council and is 
implemented through regulations at 50 CFR part 622 under the authority 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield (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 specify their strategy to 
rebuild overfished stocks to a sustainable level within a certain time 
frame, and to minimize bycatch and bycatch mortality to the extent 
practicable. The reauthorized Magnuson-Stevens Act as amended through 
January 12, 2007, requires the councils to establish ACLs for each 
stock or stock complex and AMs to ensure these ACLs are not exceeded. 
This proposed rule addresses these requirements for gag and red 
grouper.
    NMFS has published proposed guidelines to address the new Magnuson-
Stevens Act requirements for ACLs and AMs. A proposed rule for these 
guidelines was published in the Federal Register on June 9, 2008 (73 FR 
32526), and requested public comment. According to these guidelines, 
stocks in the fishery should have quantitative reference points, 
including status determination criteria, maximum

[[Page 68391]]

sustainable yield (MSY), overfishing limit (OFL), acceptable biological 
catch (ABC), an annual catch limit (ACL), and an annual catch target 
(ACT). These reference points have been defined in the proposed 
guidelines and have not been repeated here. NMFS recommends a 
management approach where the OFL > ABC > ACL > ACT, however, the 
relationship between these reference points could also be OFL [gteqt] 
ABC [gteqt] ACL [gteqt] ACT. The intent of the proposed guidance is to 
establish a system of limits and targets that account for scientific 
and management uncertainty and reduce the likelihood that overfishing 
will occur. The Magnuson-Stevens Act also requires each Council to 
develop ACLs that may not exceed the fishing level recommendations of 
the Science and Statistical Committee (SSC) or peer review process. In 
this proposed rule, NMFS identifies these recommended reference points 
for gag, red grouper, and SWG, and how they comply with the proposed 
guidance.

Status of Stocks

    The most recent gag stock assessment completed in 2006 concluded 
that the stock is not overfished, but is undergoing overfishing. 
Following a re-analysis in 2007, overfishing was still determined to be 
occurring in 2004 under the maximum fishing mortality threshold (MFMT). 
The Council's Reef Fish SSC concurred with the overfishing 
determination at its June 2007 and May 2008 meetings. This proposed 
rule is necessary to end overfishing of gag by defining benchmarks and 
thresholds for gag, adjusting TAC, and implementing new management 
measures to reduce gag fishing mortality to sustainable levels. 
Although the gag stock would not be overfished under any of the 
alternatives for minimum stock size threshold (MSST) considered by the 
Council in Amendment 30B, the stock was recognized to be below the 
biomass levels associated with harvesting the stock at OY 
(BOY, or biomass at OY). Therefore, proposed management 
measures are designed to end overfishing and allow the stock to 
increase to BOY.
    In 2002, red grouper were determined to be undergoing overfishing, 
but not overfished. At that time, stock biomass was below BMSY 
(biomass at MSY), requiring a rebuilding plan be established in 2004. 
In 2007, red grouper were re-assessed. Using data through 2005, the new 
stock assessment determined overfishing had ended and stock biomass had 
increased to optimum yield. The assessment showed the stock had 
recovered, in large part due to strong recruitment year classes in the 
late 1990s and 2000. This proposed rule would increase TAC and revise 
management measures to reflect the improved condition of the red 
grouper stock.

Reference Points and Thresholds for Gag

    The Magnuson-Stevens Act requires that each FMP define reference 
points in the form of MSY and OY, and specify objective and measurable 
criteria for identifying when a fishery is overfished (MSST) or 
undergoing overfishing (MFMT). Together, these four parameters are 
intended to provide fishery managers with the tools to measure fishery 
status and performance. Amendment 30B would establish MSST, MFMT, and 
OY for gag based on the biomass reference point corresponding to 
maximum yield per recruit (MAX), which in this instance is the proxy 
for MSY. MFMT would be the fishing mortality rate (F) equal to 
FMAX. MSST would be defined as (1-M)*SSBMAX 
(M=0.15), where M is the natural mortality rate, and SSB is the 
spawning stock biomass. To be consistent with NMFS' technical guidance, 
Amendment 30B would also revise the current specification of OY, 20 
percent spawning potential ratio, to be the yield corresponding to an F 
defined as FOY = 0.75*FMAX.

Gag and Red Grouper TAC

    National standard 1 of the Magnuson-Stevens Act requires management 
measures prevent overfishing, while achieving, on a continuing basis, 
the OY for the fishery. To end overfishing of gag, but still achieve 
the OY in the fishery, the SSC recommended the ACL for gag to be the 
yield no greater than that associated with fishing at FMAX. 
For 2009, this value would be no greater than 4.25 million lb (1.92 
million kg). However, in Amendment 30B, the Council proposes to set TAC 
under a more conservative constant Foy management approach. 
Under this scenario, TAC for gag would be set at 3.38 million lb (1.53 
million kg) for 2009. In 2010, it would increase to 3.62 million lb 
(1.64 million kg), and in 2011, it would increase again to 3.82 million 
lb (1.73 million kg). TAC would remain at the 2011 level until revised 
based on a subsequent stock assessment and appropriate rulemaking.
    For red grouper, the SSC recommended an ABC range from 7.57 million 
lb (3.43 million kg), which equals the long-term OY, to 7.72 million lb 
(3.50 million kg), which is equal to the long-term MSY. Under Amendment 
30B, the Council proposes to set the red grouper TAC at the more 
conservative equilibrium OY level for the years 2009 through 2011. TAC 
would remain at the 2011 level until revised based on a subsequent 
stock assessment and appropriate rulemaking. This increase in TAC from 
the current 6.56 million lb (2.97 million kg) would allow the species 
to be fished at the OY level because the stock has been rebuilt.

Allocations

    National standard 4 of the Magnuson-Stevens Act requires that 
fisheries be managed in a fair and equitable manner across all sectors. 
This is true of both the commercial and recreational components of gag 
and red grouper. However, management measures differ between commercial 
and recreational sectors, due to differences inherent in the fisheries 
(e.g., fishing gear, fishing effort). Recognizing the difficulties 
involved in allocating resources across fishery sectors, the Council 
appointed an Ad Hoc Allocation Committee composed of Council members to 
examine fair and equitable ways to allocate reef fish resources. 
Amendment 30B includes interim allocations, which would be in effect 
until the Council and NMFS could implement separate rulemaking to 
allocate grouper resources between recreational and commercial 
components of the SWG fishery on a permanent basis.
    In the interim, Amendment 30B proposes allocations for commercial 
and recreational gag and red grouper based on the average landings 
during the years 1986 through 2005. For gag, the allocation would be 61 
percent recreational and 39 percent commercial. For red grouper, the 
allocation would be 24 percent recreational and 76 percent commercial.

Proposed Management Measures for Gag, Red Grouper, and SWG

Commercial Measures

    The proposed rule would establish commercial quotas and ACLs for 
gag, red grouper, and SWG, and reduce the commercial minimum size limit 
for red grouper. The quotas are ACTs and the ACLs are OFLs, which is 
consistent with the proposed NMFS guidelines. Also consistent with the 
NMFS proposed guidance, the quotas, or ACT levels, are less than the 
ACLs. The ACLs are based on the yield associated with fishing at 
FMAX (gag) or equilibrium MSY (red grouper). The gag and red 
grouper quotas are associated with the yields from fishing at the more 
conservative FOY (gag) or equilibrium OY (red grouper). The 
gag and red grouper quotas are calculated by multiplying the TAC for a 
specific year

[[Page 68392]]

by each species' commercial interim allocations. The gag quota would be 
set at 1.32 million lb (598,742 kg) in 2009, 1.41 million lb (639,565 
kg) in 2010, and 1.49 million lb (675,853 kg) in 2011. The red grouper 
quota would be set at 5.75 million lb (2.61 million kg) for all three 
years. The SWG quota includes gag, red grouper, and the other SWG 
species that make up the SWG complex, namely black grouper, yellowfin 
grouper, rock hind, red hind, yellowmouth grouper, and scamp before the 
SWG quota is reached, at which time scamp is considered a DWG. The 
other SWG species allowance would be 0.41 million lb (0.19 million kg) 
for all three years, which is based on the average landings for the 
baseline years of 2001 through 2004. Therefore, the SWG quota would be 
the sum of the gag and red grouper quotas and the other SWG species 
allowance and be set at 7.48 million lb (3.39 million kg) in 2009, 7.57 
million lb (3.43 million kg) in 2010, and 7.65 million lb (3.47 million 
kg) in 2011. These commercial quotas would remain at the 2011 level 
until revised based on a subsequent stock assessment and appropriate 
rulemaking.
    The commercial minimum size limit for red grouper would be reduced 
from 20 inches (50.8 cm) to 18 inches (45.7 cm) total length (TL). 
Reducing the commercial minimum size limit for red grouper would 
decrease the number of discarded fish and is estimated to increase 
yield-per-recruit.
    The proposed management measures for gag, including the quota 
reduction, in combination with the recreational restrictions and 
accountability measures, are intended to end overfishing of gag 
immediately. The increase in the red grouper quota, in combination with 
reduction in the commercial minimum size limit, would help to ensure 
the fishery achieves OY for the red grouper stock.
    To prevent an early season closure of the SWG fishery, this 
proposed rule would authorize the Assistant Administrator for 
Fisheries, NOAA, (AA) to file a notification with the Office of the 
Federal Register to implement an incidental bycatch allowance trip 
limit when 80 percent of the gag or red grouper quota is reached or 
projected to be reached. Harvest of the remaining shallow-water species 
would continue with an incidental harvest allowance on the closed 
species of 200 lb (91 kg) until either the gag, red grouper, or SWG 
quota is reached or projected to be reached, upon which the entire SWG 
fishery would close. The incidental harvest provision would not be 
implemented unless the quota for the applicable species is projected to 
be harvested prior to the end of the fishing year.

Recreational Measures

    This proposed rule would establish new grouper bag limits and 
extend the Gulf grouper recreational closed season. These recreational 
measures would reduce gag landings by 26 percent and increase red 
grouper landings by 17 percent. The aggregate grouper bag limit would 
be reduced from 5 fish to 4 fish per person per day. Within this 
aggregate bag limit, there is a 2-fish gag bag limit and a 2-fish red 
grouper bag limit per person per day. Lowering the aggregate grouper 
bag limit is intended to slow or prevent a shift in effort from gag to 
other SWG and deep-water grouper (DWG) species as a result of actions 
to constrain the harvest of gag. Although DWG and SWG species other 
than gag and red grouper represent a small portion of the recreational 
harvest, they could be significantly affected by shifts in fishing 
effort resulting from changes to gag and red grouper regulations. 
Reducing the aggregate bag limit to 4 fish will slightly reduce the 
likelihood that AMs in the proposed rule will be triggered. Few 
recreational anglers (approximately 3 percent) currently land on 
average more than 4 grouper per trip.
    The recreational closed season would be extended from a one month 
closed season, namely February 15 through March 15, to a two month 
closed season, from February 1 through March 31 each year and would 
include all SWG species instead of just gag, black, and red grouper. 
This would allow for a 291 day open season for SWG species. Although 
regional differences in the distribution of gag, red grouper, and other 
SWG exist, in general, the various species are caught in the same 
geographic areas, depth, and habitat. For this reason, seasonal 
closures that pertain to the entire recreational SWG fishery are 
proposed to minimize bycatch and prevent effort shifting. DWG species 
were not included in the seasonal closure because they are infrequently 
caught when fishing for SWG, account for a small percentage of the 
recreational grouper harvest, and suffer from severe barotrauma upon 
ascent from the deep depths where they are caught, increasing the 
likelihood of discard mortality. Warsaw grouper and speckled hind are 
further protected by a 1-fish per vessel per day bag limit.
    The proposed rule would also establish ACLs and ACTs for the 
recreational fishery. ACLs are equal to OFLs, which is consistent with 
the proposed NMFS guidelines. Also consistent with the proposed NMFS 
guidance, the ACTs are less than the ACLs. The ACLs are based on yield 
associated with fishing at FMAX (gag) or equilibrium MSY 
(red grouper) but the ACTs are based on the yields from fishing at the 
more conservative FOY (gag) or equilibrium OY (red grouper). 
Harvests exceeding the ACLs would trigger implementation of the AMs. 
For gag, the respective ACTs and ACLs would be 2.06 million lb (934,400 
kg) and 2.59 million lb (1.17 million kg) for 2009; 2.14 million lb 
(969,648 kg) and 2.64 million lb (1.20 million kg) for 2010; and 2.20 
million lb (997,903 kg) and 2.67 million lb (1.21 million kg) for 2011, 
and subsequent fishing years. For red grouper, the ACT and ACL would be 
1.82 million lb (824,642 kg) and 1.85 million lb (838,235 kg), 
respectively. These ACTs and ACLs could be revised in the future based 
on subsequent stock assessment results and through appropriate 
rulemaking.

Accountability Measures (AMs) for Gag, Red Grouper, and SWG

    This proposed rule would establish AMs for gag, red grouper, and 
SWG. These AMs are intended to ensure landings do not exceed the TACs 
proposed for gag, red grouper, and SWG.
    If commercial landings, as estimated by the Southeast Fisheries 
Science Center (SEFSC), reach or are projected to reach the commercial 
quotas for gag, red grouper, or SWG, the proposed rule would authorize 
the AA to file a notification with the Office of the Federal Register 
to close the SWG fishery, in accordance with the application of quota 
closures described in the ``Commercial Measures'' section above, for 
the remainder of that fishing year. In addition, if the in-season 
closure does not prevent commercial landings from exceeding the 
applicable ACL, this proposed rule would authorize the AA to file a 
notification with the Office of the Federal Register maintaining the 
prior year's gag, red grouper, or SWG commercial quota in the following 
fishing year.
    If recreational landings, as estimated by the SEFSC, exceed the red 
grouper or gag ACLs, this proposed rule would authorize the AA to file 
a notification with the Office of the Federal Register maintaining the 
prior year's gag or red grouper target catch level the following 
fishing year. In addition, the notification would reduce the length of 
the recreational SWG fishing season in the following year by the amount 
necessary to ensure recreational gag and red grouper landings do not 
exceed the recreational target catch level for that fishing year. 
Recreational landings would be evaluated relative to the

[[Page 68393]]

applicable ACL as follows. For 2009, only 2009 recreational landings 
for gag and red grouper will be compared to the ACL; in 2010, the 
average of 2009 and 2010 recreational landings for gag and red grouper 
will be compared to the ACL; and in 2011 and subsequent fishing years, 
the 3-year running average recreational landings for gag and red 
grouper will be compared to the ACL. By averaging across multiple 
years, year-to-year fluctuations in landings resulting from recruitment 
variability, regulatory restrictions on other species, and prevailing 
economic conditions would be diminished. Using 3-year averages of 
landings for ACLs is consistent with the proposed NMFS guidelines. 
Target catches, quotas, and ACLs would remain at 2011 levels unless 
revised based on subsequent stock assessment results and through 
appropriate rulemaking.

Gulf Seasonal and Area Closures

    The Madison-Swanson and Steamboat Lumps marine reserves were 
established in 2000, and reauthorized in 2004 to protect spawning areas 
for gag and other reef fish species. The proposed rule would allow the 
Madison-Swanson and Steamboat Lumps marine reserves to remain in effect 
until terminated by a subsequent amendment.
    This proposed rule would also create a seasonal/area closure called 
the ``Edges'' to protect grouper spawning aggregations. This closure is 
implemented in lieu of the February 15 through March 15 commercial 
closure for gag, red grouper, and black grouper. Within this new 
seasonal/area closure, fishing for any species under Council 
jurisdiction would be prohibited from January 1 through April 30 each 
year. Closing this area to all fishing for any species under Council 
jurisdiction, will aid enforcement, reduce poaching, and benefit other 
reef fish stocks undergoing overfishing or that are overfished (e.g. 
red snapper, greater amberjack, gray triggerfish).

Federal Regulatory Compliance in State Waters

    NMFS and state fishery management agencies usually work 
cooperatively to implement consistent regulations in Federal and state 
waters, making it easier for enforcement capabilities and for managing 
the fisheries. However, there are some situations in which Federal and 
state regulations differ. When there are less restrictive regulations 
in state waters, the effectiveness of Federal regulations diminishes. 
In developing regulations, analyses for Council amendments and FMPs 
assume that Gulf states will comply with proposed Federal regulations. 
If some of the states do not adopt consistent regulations, then 
projected reductions in harvest and fishing mortality may not occur, 
compromising the Council's ability to end overfishing and rebuild 
overfished stocks. To prevent overfishing, or stay within rebuilding 
schedules, NMFS and the remaining states, may be forced to implement 
even stricter regulations. Therefore, to improve the effectiveness of 
Federal management measures, federally permitted reef fish vessels, as 
a condition of their permit, would be required to comply with the more 
restrictive of state or Federal reef fish regulations when fishing in 
state waters.

Availability of Amendment 30B

    Additional background and rational for the measures discussed above 
are contained in Amendment 30B. The availability of Amendment 30B was 
announced in the Federal Register on October 28, 2008 (73 FR 63932). 
Written comments on Amendment 30B must be received by December 29, 
2008. All comments received on Amendment 30B or on this proposed rule 
during their respective comment periods will be addressed in the 
preamble of the final rule.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
AA has determined that this proposed rule is consistent with Amendment 
30B, 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 a Draft Environmental Impact Statement (DEIS) for 
this amendment. A notice of availability for the DEIS was published on 
August 8, 2008 (73 FR 46269).
    NMFS prepared an IRFA, as required by section 603 of the Regulatory 
Flexibility Act, for this proposed rule. The IRFA describes the 
economic impact this proposed rule, if adopted, would have on small 
entities. A description of the action, why it is being considered, and 
the objectives of, and legal basis for this action are contained at the 
beginning of this section in the preamble and in the SUMMARY section of 
the preamble. A copy of the full analysis is available from the Council 
(see ADDRESSES). A summary of the IRFA follows.
    The proposed rule would set thresholds and benchmarks for gag, with 
MFMT equated to FMAX, MSST equated to (1-
M)*SSBMAX, and OY equated to the yield at 75 percent of 
FMAX; set gag TACs in 2009, 2010, and 2011 at 3.38 million 
lb (1.53 million kg), 3.62 million lb (1.64 million kg), and 3.82 
million lb (1.73 million kg), respectively, with 3.82 million (1.73 
million kg) being the TAC for subsequent years until changed by another 
amendment; set red grouper TAC at 7.57 million lb (3.43 million kg); 
set the recreational:commercial allocation of TACs at 61:39 for gag and 
24:76 for red grouper; set SWG ACLs and AMs; set the commercial gag and 
red grouper quotas based on the commercial allocation ratio, the other 
SWG allowance at 0.41 million lb (0.19 million kg), and the aggregate 
grouper quota as the sum of the gag, red grouper, and other SWG 
allowance; implement an incidental harvest of 200 lb (90.8 kg) per trip 
for gag or red grouper when 80 percent of its quota is projected to be 
reached until either the gag, red grouper, or SWG quota is reached or 
projected to be reached, upon which the SWG fishery would close; 
establish an aggregate grouper bag limit of 4 grouper per person, 
establish a gag and a red grouper bag limit of 2 fish per person for 
each species within the aggregate bag limit, and close the recreational 
SWG fishery February 1-March 31; reduce the red grouper minimum size 
limit to 18 inches TL for the commercial fishery; prohibit all fishing 
under the Council's jurisdiction January-April, but allow all fishing 
in other months, within the Edges closed area; allow the Madison-
Swanson and Steamboat Lumps reserves to remain in effect indefinitely; 
and, require all vessels with Federal commercial or charter vessel/
headboat reef fish permits to comply with the more restrictive of state 
or Federal reef fish regulations when fishing in state waters. The 
Magnuson-Stevens Act provides the statutory basis for the proposed 
rule.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified. This proposed rule would not alter existing reporting, 
record-keeping, or other compliance requirements.
    This proposed rule would be expected to directly affect vessels 
that operate in the Gulf of Mexico commercial reef fish fishery and 
for-hire reef fish fisheries, and reef fish dealers or processors. The 
Small Business Administration (SBA) has established size criteria for 
all major industry sectors in the U.S. including fish harvesters, for-
hire operations, fish processors, and fish dealers. 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

[[Page 68394]]

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 $6.5 million (NAICS code 
713990, recreational industries). For seafood processors and dealers, 
rather than a receipts threshold, the SBA uses an employee threshold of 
500 or fewer persons on a full-time, part-time, temporary, or other 
basis, at all affiliated operations for a seafood processor and 100 or 
fewer persons for a seafood dealer.
    A Federal commercial reef fish permit is required to operate in the 
Gulf of Mexico commercial reef fish fishery, and a moratorium on the 
issuance of new permits has been in effect since 1992. A total of 1,209 
vessels with commercial reef fish permits is estimated to comprise the 
universe of commercial harvest operations in the fishery. For the 
period 2001-2006, an average of 631 vessels harvested varying amounts 
of gag, 732 vessels harvested varying amounts of red grouper, and 888 
vessels harvested varying amounts of SWG. These numbers are not 
additive because some of these vessels harvested a combination of 
grouper species. The SWG complex includes red grouper and gag, 
therefore there is substantial overlap in harvest of grouper species 
among these vessels.
    The annual average gross revenue and net income per vessel for 
vessels in the SWG fishery is unknown. For all vessels in the 
commercial reef fish fishery, the average annual gross revenue, 
respectively, for vertical line vessels is estimated to range from 
approximately $24,100 (2005 dollars; $6,800 net income) to $110,100 
($28,500 net income), while the values for bottom longline vessels are 
approximately $87,600 (2005 dollars; $15,000 net income) to $117,000 
($25,500 net income). Some fleet behavior is known to exist in the 
commercial reef fish fishery, but the extent of such is unknown, though 
the maximum number of permits reported to be owned by the same entity 
is six. Additional permits in this and other fisheries (and associated 
revenues) may be linked through affiliation rules but these links 
cannot be made using existing data. Nevertheless, based on the average 
annual gross revenue information for all commercial reef fish vessels, 
NMFS determines, for the purpose of this analysis, that all commercial 
reef fish entities potentially affected by this proposed rule are small 
business entities.
    An estimated 1,692 vessels are permitted to operate in the Gulf of 
Mexico reef fish for-hire fishery. It is unknown how many of these 
vessels operate as headboats or charterboats, a distinction which is 
based on pricing behavior, and individual vessels may operate as both 
types of operations at different times. However, 76 vessels participate 
in the Federal headboat logbook program. Several entities own multiple 
for-hire permits, and at least one entity is determined to own as many 
as 12 permits.
    The average charterboat is estimated to generate approximately 
$77,000 (2005 dollars) in annual revenues, while the comparable figure 
for an average headboat is approximately $404,000 (2005 dollars). Based 
on the average annual gross revenue information for these vessels, NMFS 
determines, for the purpose of this analysis, that all for-hire 
entities potentially affected by this proposed rule are small business 
entities.
    Based on vessel logbook records for 2004-2006, an average of 156 
dealers actively bought and sold gag and 172 dealers actively bought 
and sold red grouper. All reef fish processors would be included in 
this total because a processor must be a dealer. Dealers often hold 
multiple types of permits and operate in both Federal and state 
fisheries. It is unknown what percentage of any of the average dealer's 
business comes from SWG.
    Average employment information per reef fish dealer is unknown. 
Although dealers and processors are not synonymous entities, total 
employment for reef fish processors in the Southeast is estimated at 
approximately 700 individuals, both part and full time. Although all 
processors must be dealers, a dealer need not be a processor. Further, 
processing is a much more labor-intensive exercise than dealing. 
Therefore, given the employment estimate for the processing sector and 
the total number of dealers operating in the reef fish fishery, NMFS 
determines that the average number of employees per dealer and 
processor does not surpass the SBA employment benchmark and, NMFS 
determines, for the purpose of this analysis, that all dealers 
potentially affected by this rule are small entities.
    Relative to the baseline consisting of all no action alternatives, 
the proposed action would reduce the net operating revenues of 
commercial vessels by $5.3 million (in 2005 dollars) over the period 
2008-2013. It would be equivalent to an annual loss of $0.88 million. 
If this loss were equally shared by all 888 vessels landing any species 
of SWG, the loss per vessel would be $991 annually. Of the 888 vessels 
landing any grouper species during the period 2001-2006, 114 vessels 
landed less than 100 lb (45.4 kg), 232 vessels landed between 100 and 
1,000 lb (454 kg), 229 vessels landed between 1,000 lb and 5,000 lb 
(2,270 kg), 271 vessels landed between 5,000 lb and 50,000 lb (22,700 
kg), and 42 vessels landed more than 50,000 lb. Although the estimated 
reduction in net operating income could be accommodated by the 42 
highest and even 271 next highest volume vessels, it could be quite 
burdensome to others, particularly the 114 lowest volume vessels.
    Although for-hire vessels do not derive revenues from grouper 
sales, most vessels target these species at some time during the year. 
Assuming angler demand declines in response to the proposed 
restrictions for these species, revenue and profit reductions can be 
projected. As a result of the proposed action on grouper, the for-hire 
sector is projected to experience a loss in net income of approximately 
$405 thousand to $794 thousand per year. If these losses were 
distributed equally across all the 1,692 for-hire vessels in the 
fishery, the resulting loss per vessel would be between $239 and $469 
per vessel. Some for-hire vessels, such as those in Florida, are likely 
more dependent on grouper than other vessels due to where they fish and 
client preferences and, thus, may be more severely affected by the 
proposed action.
    Three alternatives, including no action, were considered for the 
action to set thresholds and benchmarks for gag. The first alternative 
(no action) to the proposed action would not comply with the 
Sustainable Fisheries Act requirement to establish more scientifically-
based thresholds and benchmarks. The other alternative to the proposed 
action would provide a less conservative proxy for MSY, and would 
likely result in catch levels in excess of the true MSY. Each of the 
alternatives, including the proposed action, would not have direct 
impacts on small entities, but would serve as a platform for the 
development of specific management measures.
    Five alternatives, including no action, were considered for the 
action to set gag TACs. The first alternative (no action) to the 
proposed action would not provide for a gag TAC, and thus would allow 
continued overfishing of the stock. The second alternative to the 
proposed action uses a stepped approach to managing TAC levels by 
setting TAC at three-year intervals. This alternative, however, is 
susceptible to providing

[[Page 68395]]

management measures that could result in overages in years 2 and 3 of 
the interval. It could, thus, trigger AMs that would have potentially 
larger adverse impacts on small entities. The third alternative to the 
proposed action is similar to the proposed action, but it would set 
fishing mortality rate right at the threshold. This is more likely to 
generate overfishing situations that would only require more stringent 
regulations. The fourth alternative to the proposed action is similar 
to the second alternative and thus would be saddled with similar 
problems. In addition, it is also susceptible to providing management 
measures that would result in overages in years 2 and 3 of each 
interval, setting the stage for application of AMs.
    Three alternatives, including no action, were considered for the 
action to set a red grouper TAC. The first alternative (no action) to 
the proposed action would retain the red grouper TAC at 6.56 million lb 
(2.98 million kg). The proposed red grouper TAC of 7.57 million lb 
(3.43 million kg) would provide more benefits to small entities than 
the no action alternative. The second alternative to the proposed 
action would set a higher TAC of 7.72 million lb (3.50 million kg) 
corresponding to fishing at equilibrium FMSY as opposed to equilibrium 
FOY in the proposed action. Although this higher TAC would be more 
beneficial to small entities, it is right at the threshold when AMs 
would set in. This higher TAC, then, would place at higher probability 
the imposition of stringent management measures that would essentially 
undo the initial benefits received by small entities.
    Three alternatives, including no action, were considered for the 
action to set gag and red grouper allocations. The first alternative 
(no action) to the proposed action would revert the 
recreational:commercial allocation to that of Amendment 1 65:35 for gag 
and 23:77 for red grouper. The second alternative to the proposed 
action would set the recreational:commercial allocation at 59:41 for 
gag and 24:76 for red grouper. The proposed recreational:commercial 
allocation would be 61:39 for gag and 24:76 for red grouper. The 
general nature of any allocation is that it would favor one group of 
small entities at the expense of another group of small entities. The 
Council's choice for the proposed action considered the longest and 
most robust time series of data compared to the other alternatives.
    Five alternatives, including no action, were considered to set SWG 
ACLs and AMs. The first alternative (no action) to the proposed action 
would not provide for ACLs and AMs. By not specifying AMs, harvests 
could likely exceed target catch levels and would thereby reduce the 
likelihood overfishing would be ended or prevented. The second 
alternative to the proposed action would have identical target catches 
as the proposed action but would set the ACLs lower than those of the 
proposed action. It would then likely result in potentially more 
adverse impacts on small entities. The third alternative to the 
proposed action would set the same commercial target catches as, but 
some higher ACLs than, the proposed action. This alternative would set 
higher recreational target catches and ACLs for gag than the proposed 
action, but would set the same target catches and ACLs for red grouper. 
On average, this alternative would result in lower adverse impacts on 
small entities than the proposed action. The fourth alternative to the 
proposed action would set the same target catches as, but lower ACLs 
than, the proposed action. It may then be expected to result in higher 
adverse impacts on small entities than the proposed action.
    Four alternatives, including no action, were considered for the 
action to set gag, red grouper, and SWG quotas. The first alternative 
(no action) to the proposed action would maintain the red grouper and 
SWG quotas. Although this alternative would potentially allow the 
largest SWG quota, it would not provide specific protection to gag so 
that overfishing of this stock would continue. In addition, it would 
not provide flexibility to increase the red grouper quota due to stock 
improvements. The second alternative to the proposed action would be 
similar to the proposed action, except that the proposed action would 
provide for a higher quota for other SWG. Hence, small entities would 
be provided a better economic environment under the proposed action.
    Four alternatives, including no action, were considered for the 
action on commercial quota closures. The first alternative (no action) 
to the proposed action would maintain the red grouper or SWG quota, 
whichever comes first, as a trigger to close the SWG fishery. Given all 
preferred alternatives for all other actions, this alternative would 
provide the largest benefits to small entities. However, it would not 
provide sufficient protection to gag so that overfishing of the stock 
could continue. The second alternative to the proposed action would add 
the gag quota as a closure trigger. With the gag quota most likely to 
be met first, the entire SWG fishery would close early in the year. 
This alternative would yield the largest negative effects on small 
entities. The third alternative to the proposed action is similar to 
the second, except that it would impose gag trip limits at the start of 
the fishing year. This alternative would allow the SWG fishery to 
remain open much longer than the second alternative so that it would 
result in less adverse impact on small entities. The third alternative 
differs from the proposed action, which would impose the incidental 
harvest trip limit only when 80 percent of the gag or red grouper quota 
is reached. Due to the generally longer closure under the proposed 
action, the third alternative would turn out to result in less adverse 
economic impact on small entities. The third alternative, however, 
would impose more adverse effects on the gag fishery so that in general 
it would adversely affect hook-and-line vessel trips more than longline 
trips. The opposite would generally occur under the proposed action.
    Seven alternatives, including no action, were considered for the 
action on measures to control the recreational harvests of gag and red 
grouper. The first alternative (no action) to the proposed action would 
maintain current recreational regulations so that it would likely allow 
overfishing of gag to continue. All other alternatives to the proposed 
action would eliminate the recreational red grouper bag limit, 
establish a gag grouper bag limit (except one alternative), establish a 
recreational closure, and reduce the aggregate grouper bag limit to 3 
fish. These other alternatives would reduce gag harvest by a greater 
amount than the proposed action and either increase red grouper harvest 
(3 alternatives) or reduce red grouper harvest (2 alternatives), 
relative to the proposed action. These alternatives would be expected 
to, therefore, result in greater adverse economic impacts than the 
proposed action.
    Three alternatives, including no action, were considered for the 
action on reducing the discard mortality of groupers. The first 
alternative (no action) to the proposed action would not require any 
new equipment or implement new measures to reduce bycatch, and would 
retain the size limit for grouper species subject to size limits. This 
would not address the bycatch problem in the grouper fishery. The 
second alternative would require pamphlets or placards providing 
instructions on venting, proper handling, and release methods. The 
presence of these pamphlets or placards on board would provide 
convenient resource materials for reducing bycatch mortality, but the 
extent of their effects

[[Page 68396]]

cannot be determined. The proposed action, on the other hand, would 
reduce the size limit for red grouper and thus may be expected to 
result in positive effects on small entities.
    Four alternatives, including no action, were considered for the 
action on establishing additional or expanding current marine reserves 
or closed areas and attendant management measures. The first 
alternative (no action) to the proposed action would not create 
additional marine reserves or closed areas, and thus would have no 
immediate negative effects on small entities. However, this alternative 
would allow continued adverse impacts of gears on bottom habitats which 
could eventually lead to habitat degradation particularly in areas 
suitable as marine reserves or closed areas. The second alternative to 
the proposed action would expand the Madison-Swanson marine reserve. 
However, the area for expansion is relatively close to shore and likely 
would be the most heavily fished area. Its short-run adverse impacts on 
small entities would be larger than those of the proposed action. The 
third alternative to the proposed action would expand both the Madison-
Swanson and Steamboat Lumps marine reserves, and thus would result in 
more adverse impacts on small entities than the proposed action.
    Four alternatives were considered for the action pertaining to the 
duration of time/area closures and marine reserves. Three of these 
alternatives, including no action, were specific to time/area closures. 
The fourth alternative, with three sub-options inclusive of no action, 
directly addressed the two existing marine reserves. With respect to 
time/area closures, two alternatives to the proposed action would set 
specific expiration dates. These alternatives would have about similar 
effects as the proposed action, particularly considering the ability 
and history of the Council in changing time/area closure regulations. 
With respect to the duration of the two existing marine reserves, two 
alternatives to the proposed action would allow the reserves to expire 
within a certain number of years. These two alternatives would provide 
relatively inadequate time for full evaluation of the effectiveness of 
the existing marine reserves, as compared to the proposed action.
    Two alternatives, including no action, were considered for the 
action on Federal regulatory compliance. The first alternative (no 
action) to the proposed action would retain any existing 
inconsistencies between state and Federal regulations in state waters 
for operators of vessels with Federal reef fish permits. This would be 
particularly problematic for species considered overfished or 
undergoing overfishing, that have relatively substantial presence in 
state waters. Although in this case, the no action alternative would 
provide better economic prospects for small entities in the short run, 
the long-run sustainability of the fishery and economic benefits 
derivable from the fishery would be jeopardized.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: November 12, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

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 Sec.  622.2, the definitions of ``Deep-water grouper (DWG)'' 
and ``Shallow-water grouper (SWG)'' are added in alphabetical order to 
read as follows:


Sec.  622.2  Definitions and acronyms.

* * * * *
    Deep-water grouper (DWG) means yellowedge grouper, misty grouper, 
warsaw grouper, snowy grouper, and speckled hind. After the shallow-
water grouper (SWG) commercial quota is reached, as specified in Sec.  
622.42(a)(1)(iii), scamp is also considered a DWG for purposes of the 
commercial fishery.
* * * * *
    Shallow-water grouper (SWG) means gag, red grouper, black grouper, 
scamp, yellowfin grouper, rock hind, red hind, and yellowmouth grouper. 
However, after the SWG commercial quota is reached, as specified in 
Sec.  622.42(a)(1)(iii), scamp is considered a DWG for the commercial 
fishery only.
* * * * *
    3. In Sec.  622.4, paragraph (a)(1)(iv) is added and paragraph 
(a)(2)(v) is revised to read as follows:


Sec.  622.4  Permits and fees.

    (a) * * *
    (1) * * *
    (iv) If Federal regulations for Gulf reef fish in subparts A, B, or 
C of this part are more restrictive than state regulations, a person 
aboard a charter vessel or headboat for which a charter vessel/headboat 
permit for Gulf reef fish has been issued must comply with such Federal 
regulations regardless of where the fish are harvested.
    (2) * * *
    (v) Gulf reef fish. For a person aboard a vessel to be eligible for 
exemption from the bag limits, to fish under a quota, as specified in 
Sec.  622.42(a)(1), or to sell Gulf reef fish in or from the Gulf EEZ, 
a commercial vessel permit for Gulf reef fish must have been issued to 
the vessel and must be on board. If Federal regulations for Gulf reef 
fish in subparts A, B, or C of this part are more restrictive than 
state regulations, a person aboard a vessel for which a commercial 
vessel permit for Gulf reef fish has been issued must comply with such 
Federal regulations regardless of where the fish are harvested. See 
paragraph (a)(2)(ix) of this section regarding an additional IFQ vessel 
endorsement required to fish for, possess, or land Gulf red snapper. To 
obtain or renew a commercial vessel permit for Gulf reef fish, more 
than 50 percent of the applicant's earned income must have been derived 
from commercial fishing (i.e., harvest and first sale of fish) or from 
charter fishing during either of the 2 calendar years preceding the 
application. See paragraph (m) of this section regarding a limited 
access system for commercial vessel permits for Gulf reef fish and 
limited exceptions to the earned income requirement for a permit.
* * * * *
    4. In Sec.  622.34, paragraph (o) is removed and reserved; and the 
introductory heading of paragraph (k), paragraph (k)(1)(iii), paragraph 
(k)(3), the first sentence of paragraph (k)(5), and paragraph (u) are 
revised to read as follows:


Sec.  622.34  Gulf EEZ seasonal and/or area closures.

* * * * *
    (k) Closure provisions applicable to the Madison and Swanson sites, 
Steamboat Lumps, and the Edges.
    (1) * * *
    (iii) The Edges is bounded by rhumb lines connecting, in order, the 
following points:

------------------------------------------------------------------------
                                                         North     West
                         Point                            lat.    long.
------------------------------------------------------------------------
A                                                       28[deg]  85[deg]
                                                            51'      16'
B                                                       28[deg]  85[deg]
                                                            51'      04'
C                                                       28[deg]  84[deg]
                                                            14'      42'
D                                                       28[deg]  84[deg]
                                                            14'      54'
A                                                       28[deg]  85[deg]
                                                            51'      16'
------------------------------------------------------------------------

* * * * *

[[Page 68397]]

    (3) Within the Madison and Swanson sites and Steamboat Lumps during 
November through April, and within the Edges during January through 
April, all fishing is prohibited, and possession of any fish species is 
prohibited, except for such possession aboard a vessel in transit with 
fishing gear stowed as specified in paragraph (k)(4) of this section. 
The provisions of this paragraph, (k)(3), do not apply to highly 
migratory species.
* * * * *
    (5) Within the Madison and Swanson sites and Steamboat Lumps, 
during May through October, surface trolling is the only allowable 
fishing activity. * * *
* * * * *
    (u) Seasonal closure of the recreational fishery for shallow-water 
grouper (SWG). The recreational fishery for SWG, in or from the Gulf 
EEZ, is closed from February 1 through March 31, each year. During the 
closure, the bag and possession limit for SWG in or from the Gulf EEZ 
is zero.
    5. In Sec.  622.37, paragraph (d)(2)(ii) is revised and paragraph 
(d)(2)(iv) is added to read as follows:


Sec.  622.37  Size limits.

* * * * *
    (d) * * *
    (2) * * *
    (ii) Yellowfin grouper--20 inches (50.8 cm), TL.
* * * * *
    (iv) Red grouper--(A) For a person not subject to the bag limit 
specified in Sec.  622.39 (b)(1)(ii)--18 inches (45.7 cm), TL.
    (B) For a person subject to the bag limit specified in Sec.  
622.39(b)(1)(ii)--20 inches (50.8 cm), TL.
* * * * *
    6. In Sec.  622.39, the first sentence of paragraph (b)(1)(ii) is 
revised to read as follows:


Sec.  622.39  Bag and possession limits.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Groupers, combined, excluding goliath grouper and Nassau 
grouper -4 per person per day, but not to exceed 1 speckled hind or 1 
warsaw grouper per vessel per day, or 2 gag or 2 red grouper per person 
per day. * * *
* * * * *
    7. In Sec.  622.42, revise paragraphs (a)(1)(ii) and (iii) to read 
as follows:


Sec.  622.42  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (ii) Deep-water groupers (DWG) and, after the quota for SWG is 
reached, scamp, combined -1.02 million lb (0.46 million kg), gutted 
weight, that is, eviscerated but otherwise whole.
    (iii) Shallow-water groupers (SWG), including scamp before the 
quota for SWG is reached, have a combined quota as specified in 
paragraph (a)(1)(iii)(A) of this section. Within the SWG quota there 
are separate quotas for gag and red grouper as specified in paragraphs 
(a)(1)(iii)(B) and (C) of this section, respectively. The quotas 
specified in paragraphs (a)(1)(iii)(A) through (C) of this section are 
all in gutted weight, that is eviscerated but otherwise whole.
    (A) SWG combined. (1) For fishing year 2009--7.48 million lb (3.39 
million kg).
    (2) For fishing year 2010--7.57 million lb (3.43 million kg).
    (3) For fishing year 2011 and subsequent fishing years--7.65 
million lb (3.47 million kg).
    (B) Gag. (1) For fishing year 2009 --1.32 million lb (0.60 million 
kg).
    (2) For fishing year 2010--1.41 million lb (0.64 million kg).
    (3) For fishing year 2011 and subsequent fishing years--1.49 
million lb (0.68 million kg).
    (C) Red grouper--5.75 million lb (2.61 million kg).
* * * * *
    8. In Sec.  622.44, paragraph (g) is revised and paragraph (h) is 
added to read as follows:


Sec.  622.44  Commercial trip limits.

* * * * *
    (g) Gulf deep-water grouper (DWG) and shallow-water grouper (SWG), 
combined. For vessels operating under the quotas specified in Sec.  
622.42(a)(1)(ii) or (a)(1)(iii), the trip limit for DWG and SWG 
combined is 6,000 lb (2,722 kg), gutted weight. However, when the 
quotas specified in Sec.  622.42(a)(1)(ii) or (a)(1)(iii) are reached 
and the respective fishery is closed, the commercial trip limit for the 
species subject to the closure is zero.
    (h) Gulf gag and red grouper. For vessels operating under the quota 
specifications inSec.  622.42(a)(1)(iii)(B) or (a)(1)(iii)(C), once 80 
percent of either the gag or red grouper quota is reached, or projected 
to be reached, and the quota for the applicable species is projected to 
be reached prior to the end of the fishing year, the AA will file a 
notification with the Office of the Federal Register to implement a 
trip limit for the applicable species of 200 lb (90.7 kg), gutted 
weight. However, when the SWG, gag, or red grouper quota as specified 
inSec.  622.42(a)(1)(iii)(A), (B), or (C), respectively, is reached, or 
projected to be reached, the commercial trip limit for the species 
subject to the closure is zero.
    9. In Sec.  622.49, paragraphs (a)(3) through (a)(5) are added to 
read as follows:


Sec.  622.49  Accountability measures.

    (a) * * *
    (3) Shallow-water grouper (SWG) combined--(i) Commercial fishery. 
If either gag, red grouper, or SWG commercial landings, as estimated by 
the SRD, reach or are projected to reach the applicable quota specified 
in Sec.  622.42(a)(1)(iii), the AA will file a notification with the 
Office of the Federal Register to close the entire SWG commercial 
fishery for the remainder of the fishing year. In addition, if despite 
such closure, SWG commercial landings exceed the applicable ACL as 
specified in this paragraph (a)(3)(i), the AA will file a notification 
with the Office of the Federal Register, at or near the beginning of 
the following fishing year, to maintain the SWG commercial quota for 
that following year at the level of the prior year's quota. The 
applicable commercial ACLs for SWG, in gutted weight, are 7.94 million 
lb (3.60 million kg) for 2009, 7.99 million lb (3.62 million kg) for 
2010, and 8.04 million lb (3.65 million kg) for 2011 and subsequent 
fishing years.
    (ii) [Reserved]
    (4) Gag--(i) Commercial fishery. If gag commercial landings, as 
estimated by the SRD, reach or are projected to reach the applicable 
quota specified in Sec.  622.42(a)(1)(iii)(B), the AA will file a 
notification with the Office of the Federal Register to close the SWG 
commercial fishery for the remainder of the fishing year. In addition, 
if despite such closure, gag commercial landings exceed the applicable 
ACL as specified in this paragraph (a)(4)(i), the AA will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year, to maintain the gag commercial 
quota for that following year at the level of the prior year's quota. 
The applicable commercial ACLs for gag, in gutted weight, are 1.66 
million lb (0.75 million kg) for 2009, 1.71 million lb (0.78 million 
kg) for 2010, and 1.76 million lb (0.80 million kg) for 2011 and 
subsequent fishing years.
    (ii) Recreational fishery. If gag recreational landings, as 
estimated by the SRD, exceed the applicable ACL specified in this 
paragraph (a)(4)(ii), the AA will file a notification with the Office 
of the Federal Register, at or near the beginning of the following 
fishing year, to maintain the gag target catch level for that following 
year at the level of the prior year's target catch. In

[[Page 68398]]

addition, the notification will reduce the length of the recreational 
SWG fishing season the following fishing year by the amount necessary 
to ensure gag recreational landings do not exceed the recreational 
target catch level in that following fishing year. The applicable 
recreational ACLs for gag, in gutted weight, are 2.59 million lb (1.17 
million kg) for 2009, 2.64 million lb (1.20 million kg) for 2010, and 
2.67 million lb (1.21 million kg) for 2011 and subsequent fishing 
years. The recreational target catch levels for gag, in gutted weight, 
are 2.06 million lb (0.93 million kg) for 2009, 2.14 million lb (0.97 
million kg) for 2010, and 2.20 million lb (1.00 million kg) for 2011 
and subsequent fishing years. Recreational landings will be evaluated 
relative to the applicable ACL as follows. For 2009, only 2009 
recreational landings will be compared to the ACL; in 2010, the average 
of 2009 and 2010 recreational landings will be compared to the ACL; and 
in 2011 and subsequent fishing years, the 3-year running average 
recreational landings will be compared to the ACL.
    (5) Red grouper--(i) Commercial fishery. If red grouper commercial 
landings, as estimated by the SRD, reach or are projected to reach the 
applicable quota specified in Sec.  622.42(a)(1)(iii)(C), the AA will 
file a notification with the Office of the Federal Register to close 
the SWG commercial fishery for the remainder of the fishing year. In 
addition, if despite such closure, red grouper commercial landings 
exceed the ACL, 5.87 million lb (2.66 million kg) gutted weight, the AA 
will file a notification with the Office of the Federal Register, at or 
near the beginning of the following fishing year, to maintain the red 
grouper commercial quota for that following year at the level of the 
prior year's quota.
    (ii) Recreational fishery. If red grouper recreational landings, as 
estimated by the SRD, exceed the applicable ACL specified in this 
paragraph (a)(5)(ii), the AA will file a notification with the Office 
of the Federal Register, at or near the beginning of the following 
fishing year, to maintain the red grouper target catch level for that 
following year at the level of the prior year's target catch. In 
addition, the notification will reduce the length of the recreational 
SWG fishing season the following fishing year by the amount necessary 
to ensure red grouper recreational landings do not exceed the 
recreational target catch level the following fishing year. The 
recreational ACL for red grouper, in gutted weight, is 1.85 million lb 
(0.84 million kg). The recreational target catch level for red grouper, 
in gutted weight, is 1.82 million lb (0.82 million kg). Recreational 
landings will be evaluated relative to the applicable ACL as follows. 
For 2009, only 2009 recreational landings will be compared to the ACL; 
in 2010, the average of 2009 and 2010 recreational landings will be 
compared to the ACL; and in 2011 and subsequent fishing years, the 3-
year running average recreational landings will be compared to the ACL.
* * * * *
[FR Doc. E8-27335 Filed 11-17-08; 8:45 am]
BILLING CODE 3510-22-S