[Federal Register Volume 74, Number 24 (Friday, February 6, 2009)]
[Proposed Rules]
[Pages 6257-6263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2583]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0808041045-9006-01]
RIN 0648-AW64


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 16

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 16 to 
the Fishery Management Plan for the Snapper-Grouper Fishery of the 
South Atlantic Region (FMP)(Amendment 16), as prepared and submitted by 
the South Atlantic Fishery Management Council (Council). This proposed 
rule would establish a seasonal closure of the recreational and 
commercial fisheries for gag and associated grouper species; establish 
a seasonal closure of the recreational fishery for vermilion snapper; 
reduce the aggregate bag limit for grouper and tilefish; reduce the bag 
limit for gag or black grouper combined; reduce the bag limit for 
vermilion snapper; prohibit captain and crew of a vessel operating as a 
charter vessel or headboat from retaining any fish under the aggregate 
bag limit for grouper and tilefish or the vermilion snapper bag limit; 
establish semiannual quotas for the commercial vermilion snapper 
fishery; establish a quota for the commercial gag fishery; establish 
restrictions on the possession, sale, and purchase of gag and 
associated grouper species after the gag commercial quota is reached; 
and require possession of a venting tool and dehooking device on board 
a vessel when fishing for South Atlantic snapper-grouper and use of 
such tools as needed to accomplish

[[Page 6258]]

release of fish with minimum injury. In addition, Amendment 16 
proposes, for both gag and vermilion snapper, to revise the definitions 
of maximum sustainable yield (MSY) and optimum yield (OY), specify 
total allowable catch (TAC), and establish interim allocations of TACs 
for the recreational and commercial sectors. Amendment 16 also proposes 
to specify a minimum stock size threshold (MSST) for gag and, for the 
new assessment, for vermilion snapper. The intended effects of this 
proposed rule are to end overfishing of gag and vermilion snapper, 
protect shallow-water grouper during their spawning season, and reduce 
bycatch of snapper-grouper species in the South Atlantic.

DATES: Written comments on this proposed rule must be received no later 
than 5 p.m., eastern time, on March 9, 2009.

ADDRESSES: You may submit comments, identified by ``0648-AW64'', 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: Kate Michie.
     Mail: John McGovern, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.
    Copies of Amendment 16 may be obtained from the South Atlantic 
Fishery Management Council, 4055 Faber Place, Suite 201, North 
Charleston, SC 29405; phone: 843-571-4366 or 866-SAFMC-10 (toll free); 
fax: 843-769-4520; e-mail: [email protected]. Amendment 16 includes a 
Final Environmental Impact Statement (FEIS), a Biological Assessment, 
an Initial Regulatory Flexibility Analysis (IRFA), a Regulatory Impact 
Review, and a Social Impact Assessment/Fishery Impact Statement.

FOR FURTHER INFORMATION CONTACT: John McGovern, telephone: 727-824-
5305, fax: 727-824-5308, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery off the southern 
Atlantic states is managed under the FMP. The FMP was prepared by the 
Council and is implemented under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) by 
regulations at 50 CFR part 622.

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, optimum yield for federally managed fish stocks. These mandates 
are intended to ensure that 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.
    NMFS notified the Council on June 12, 2007, that the South Atlantic 
stock of gag is undergoing overfishing and approaching an overfished 
condition. This determination was made based on the 2006 Southeast Data 
Assessment and Review (SEDAR) stock assessment. The Council was also 
notified on June 12, 2007, that vermilion snapper was experiencing 
overfishing. A new SEDAR stock assessment for vermilion snapper was 
recently completed and indicated the stock is not overfished but 
verified that the stock is undergoing overfishing. The Report to 
Congress on the Status of U.S. Fisheries indicates red grouper and 
black grouper have been experiencing overfishing since 1998. The 
Southeast Fisheries Science Center has determined the overfishing 
determinations are based on the best available scientific information.
    The Magnuson-Stevens Act requires the Council prepare a plan 
amendment or proposed regulations to end overfishing within one year of 
receiving notification that overfishing is occurring. Amendment 16 is 
intended to end overfishing of gag and vermilion snapper and includes 
actions that address overfishing of red grouper and black grouper. In 
addition, Amendment 16 includes an action intended to reduce bycatch 
mortality of snapper-grouper species.

Proposed Management Measures

    The total allowable catch (TAC) levels for gag and for vermilion 
snapper are based on projections provided by the SEDAR assessment for 
these species. The TACs are based on a yield associated with 75 percent 
of the fishing mortality rate that will produce MSY, as recommended by 
the Council's Scientific and Statistical Committee.
    The Council recommended reduced recreational harvest for both gag 
and vermilion snapper. Necessary reductions in harvest are expected to 
be achieved through the proposed seasonal closures and modifications to 
bag limits. The needed reduction in recreational gag harvest is 
determined by applying the Council's preferred allocation of 49 percent 
to the TAC identified in the SEDAR assessment. This would result in a 
harvest reduction of 37 percent when compared to average 2004-2006 
landings.
    The necessary reduction in recreational vermilion snapper harvest 
is determined by applying the Council's preferred allocation of 32 
percent to the TAC identified in the SEDAR assessment. This would 
result in a harvest reduction of 47 percent when compared to average 
2004-2006 landings.

Commercial Fishery Quotas

    This proposed rule would reduce quotas for both gag and vermilion 
snapper. The proposed quota for gag is based on the Council's preferred 
interim allocation of 51 percent, which would be applied to the TAC 
specified in the SEDAR assessment. This would result in a harvest 
reduction of 35 percent when compared to average 2004-2006 landings and 
would result in a commercial quota of 352,940 lb (137,222 kg) gutted 
weight.
    The proposed quota for vermilion snapper is based on the Council's 
preferred allocation of 68 percent, which would be applied to the TAC 
specified in the SEDAR assessment. The proposed rule would establish a 
vermilion snapper quota of 315,523 lb (143,119 kg) gutted weight from 
January-June and 302,523 lb (137,222 kg) gutted weight from July-
December. This would result in a harvest reduction of 29 percent 
compared to average 2004-2006 landings.

Seasonal Closures

    This proposed rule would establish a 4-month (January-April) 
spawning season closure of the recreational and commercial fisheries 
for gag, black

[[Page 6259]]

grouper, red grouper, scamp, rock hind, red hind, coney, graysby, 
yellowfin grouper, yellowmouth grouper, and tiger grouper. During this 
closure, no person may fish for, harvest, or possess these species in 
or from the South Atlantic exclusive economic zone (EEZ). In addition, 
for a person aboard a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper grouper has 
been issued, the provisions of this closure would apply regardless of 
where these species were harvested, i.e., in state or Federal waters. 
These species are particularly vulnerable to fishing pressure because 
they are long-lived, change sex, and some species form spawning 
aggregations where the largest and oldest individuals can be 
selectively removed by fishing gear. The Council concluded that a 
January through April spawning season closure could have positive 
biological effects including protecting spawning aggregations, 
increasing the percentage of males, enhancing reproductive success, and 
increasing the magnitude of recruitment.
    This proposed rule would establish a recreational seasonal closure 
for vermilion snapper in or from the South Atlantic EEZ from November 1 
through March 31, each year. During this closure, the bag and 
possession limit for vermilion snapper in or from the South Atlantic 
EEZ is zero. In addition, for a person on board a vessel for which a 
valid Federal charter vessel/headboat permit for South Atlantic 
snapper-grouper has been issued, the provisions of this closure would 
apply regardless of whether the fish are harvested in state or Federal 
waters.

Bag Limit Reductions

    This proposed rule would reduce the recreational bag limits for the 
grouper aggregate, gag, black grouper, and vermilion snapper. The 
grouper aggregate, which contains misty grouper, red grouper, scamp, 
tiger grouper, yellowedge grouper, yellowfin grouper, yellowmouth 
grouper, blueline tilefish, sand tilefish, coney, graysby, rock hind, 
red hind, gag, black grouper, snowy grouper, golden tilefish, speckled 
hind, and warsaw grouper, would be reduced from five fish per person 
per day to three fish per person per day. The bag limit for gag and 
black grouper would be reduced from two gag or black grouper (combined) 
to one gag or black grouper (combined) within the grouper aggregate bag 
limit. The bag limit for vermilion snapper would be reduced from 10 
fish to 5 fish per person per day. Under the proposed rule, charter/
headboat captains and crew would be prohibited from retaining vermilion 
snapper or species within the grouper aggregate (including tilefish 
species). Bag limit reductions are expected to contribute to an overall 
reduction in harvest and incidental catch of these species including 
those experiencing overfishing.

Reduction in Bycatch Mortality

    This proposed rule includes an action intended to reduce 
recreational and commercial bycatch mortality by requiring the use of 
venting tools and dehooking devices for a person on board a vessel 
fishing for snapper-grouper species.
    The Council intends for venting tools only to be used as required, 
i.e., when there is evidence of embolism. A venting tool can be any 
hollow, sharpened instrument that allows gases to escape. Ice picks and 
knives are not suitable and will likely contribute to mortality of 
released fish. Venting tools can be purchased from vendors or 
constructed by fishermen. For example, a venting tool could be 
constructed from a modified hypodermic needle or from a hollow, 
sharpened stainless steel cannula mounted on a hollow wooden dowel.
    A dehooking device is a tool intended to remove a hook embedded in 
a fish and allows the fish to be released with minimal damage. 
Dehookers would not have to be used if it is safer for the fish and the 
angler to cut the line rather than remove a deeply embedded hook. 
Examples of dehooking devices would include tools with a long shaft and 
inverted ``V'', bluntnose pliers, alligator pliers, or dehooking 
forceps. The use of devices that can grab the fishing line, slide down 
the line, or remove the hook quickly are encouraged since these tools 
would require less handling of the fish.

Availability of Amendment 16

    Additional background and rationale for the measures discussed 
above are contained in Amendment 16. The availability of Amendment 16 
was announced in the Federal Register on December 24, 2008 (73 FR 
79037). Written comments on Amendment 16 will be accepted through 
February 23, 2009. All comments received on Amendment 16 or on this 
proposed rule during their respective comment periods will be addressed 
in the preamble to the final rule.

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 Amendment 16, 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.
    The Council prepared an FEIS for Amendment 16; a notice of 
availability was published on November 7, 2008 (73 FR 66242).
    NMFS prepared an IRFA, as required by section 603 of the Regulatory 
Flexibility Act, for this proposed rule. The IRFA describes the 
economic impact this proposed rule, if adopted, would have on small 
entities. A description of the action, why it is being considered, and 
the objectives of, and legal basis for this action are contained at the 
beginning of this section in the preamble and in the SUMMARY section of 
the preamble. A copy of the full analysis is available from the Council 
(see ADDRESSES). A summary of the IRFA follows.
    The proposed rule would introduce changes to the management of 
South Atlantic gag, other shallow-water grouper, and vermilion snapper. 
For gag and other shallow-water grouper, the proposed rule would set a 
gag TAC at 694,000 lb (314,793 kg) gutted weight for 2009 and 
subsequent fishing years; set a gag interim allocation at 51 percent 
for the commercial sector and 49 percent for the recreational sector; 
establish a gag January-April spawning season closure for both the 
commercial and recreational sectors together with no fishing or 
possession of black grouper, red grouper, scamp, red hind, rock hind, 
yellowmouth grouper, tiger grouper, yellowfin grouper, graysby, and 
coney during the closure; establish a gag commercial quota of 352,940 
lb (160,091 kg) gutted weight after adjustment for post quota bycatch 
mortality (PQBM); reduce the grouper and tilefish recreational 
aggregate bag limit from five fish to three fish; reduce the gag or 
black grouper component of the grouper and tilefish aggregate bag limit 
from two fish to one fish; and, exclude the captain and crew on for-
hire vessels from possessing a grouper bag limit.
    For vermilion snapper, the proposed rule would set TAC at 960,360 
lb (435,612 kg) gutted weight for 2009 and subsequent fishing years; 
set an interim allocation at 68 percent for the commercial sector and 
32 percent for the recreational sector; establish a commercial quota of 
653,045 lb (296,216 kg) gutted weight, with the quota split between the 
January 1-June 30 period (315,523 lb (143,119 kg) gutted weight taking 
into account PQBM) and the July 1-December 31 period (302,523 lb 
(137,222 kg) gutted weight taking into

[[Page 6260]]

account PQBM) and any remaining quota from the first period would be 
carried over to the second period of the same year; reduce the 
recreational bag limit from 10 fish to 5 fish; and establish a 
November-March spawning season closure for the recreational sector.
    In addition to the measures directly affecting gag, other shallow-
water grouper, and vermilion snapper, the proposed rule would also 
require a person on board a vessel to use venting and de-hooking tools 
when fishing for snapper-grouper species.
    The Magnuson-Stevens Act provides the statutory basis for the 
proposed rule.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified. The proposed rule would not alter existing reporting, 
record-keeping, or other compliance requirements, except for the 
requirement to use venting and de-hooking tools when fishing for 
snapper-grouper species.
    The proposed rule would be expected to directly affect vessels that 
operate in the South Atlantic commercial and for-hire snapper-grouper 
fisheries. The Small Business Administration (SBA) has established size 
criteria for all major industry sectors in the U.S. including fish 
harvesters and for-hire operations. A business involved in fish 
harvesting is classified as a small business if it is independently 
owned and operated, is not dominant in its field of operation 
(including its affiliates), and has combined annual receipts not in 
excess of $4.0 million (NAICS code 114111, finfish fishing) for all 
affiliated operations worldwide. For for-hire operations, the other 
qualifiers apply and the annual receipts threshold is $7 million (NAICS 
code 713990, recreational industries).
    A commercial snapper-grouper permit is required to operate in the 
South Atlantic snapper-grouper fishery, and a two-tier license 
limitation program has been in effect since 1998. Logbook data from 
2001-2006 were used in the analysis of the expected impacts of this 
action. Over this period, an average of 1,101 vessels per year were 
permitted to operate in the commercial snapper-grouper fishery. 
However, only an average of 922 vessels per year had recorded landings 
of snapper-grouper species. The total average annual dockside revenue 
from snapper-grouper species and all other species on trips that 
harvested snapper-grouper species over this period was approximately 
$15.58 million (2005 dollars), resulting in a per vessel average of 
approximately $16,900 for vessels that harvested snapper-grouper. The 
highest producers included an average of 27 vessels per year that 
harvested more than 50,000 pounds of snapper-grouper per year, valued 
at approximately $100,000 per vessel. Vessels that operate in the 
snapper-grouper fishery may also operate in other fisheries that are 
not covered by the logbook program. As such, the revenues from these 
fisheries cannot be determined with these data and are not reflected in 
the totals provided above.
    While a vessel that possesses a commercial snapper-grouper permit 
can harvest any snapper-grouper species, during the period 2001-2006, 
only 299 vessels per year had recorded harvests of gag and only 259 
vessels had recorded harvests of vermilion snapper. These totals are 
not additive, because some vessels landed both species. Total dockside 
revenues from all snapper-grouper species and other species on trips 
that harvested gag averaged approximately $5.74 million (2005 dollars) 
over this period, resulting in a per vessel average of approximately 
$19,200. Total dockside revenues from all snapper-grouper species and 
all other species on trips that harvested vermilion snapper averaged 
approximately $6.98 million (2005 dollars) over this period, resulting 
in a per vessel average of approximately $26,950. Among the vessels 
with recorded gag harvests, an average of 12 vessels per year harvested 
more than 10,000 pounds of gag per year, generating dockside revenues 
of approximately $29,300 per vessel. An average of 43 vessels per year 
harvested more than 10,000 lb (4,536 kg) of vermilion snapper, 
generating dockside revenues of approximately $24,000 per vessel.
    For the period 2001-2006, an average of 1,273 vessels were 
permitted to operate in the snapper-grouper for-hire fishery, of which 
82 are estimated to have operated as headboats. Within this total of 
vessels, 235 vessels also possessed a commercial snapper-grouper permit 
and would be included in the summary information provided above on the 
commercial sector. 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 (in 2005 dollars) is estimated to range from 
approximately $62,000-$84,000 for Florida vessels, $73,000-$89,000 for 
North Carolina vessels, $68,000-$83,000 for Georgia vessels, and 
$32,000-$39,000 for South Carolina vessels. For headboats, the 
appropriate estimates are $170,000-$362,000 for Florida vessels, and 
$149,000-$317,000 for vessels in the other states. Some fleet activity 
may exist in both the commercial and for-hire snapper-grouper sectors, 
but the extent of such is unknown and all vessels are treated in this 
analysis as independent entities.
    Based on the average revenue figures provided above, it is 
determined for the purpose of this analysis that all commercial and 
for-hire operations that would be affected by this proposed rule are 
small entities.
    Because all entities that are expected to be affected by the 
proposed rule are considered small entities, the issue of 
disproportional impacts of the proposed rule on small and large 
entities does not arise. The measures in this amendment would reduce 
harvest and associated revenues and net profits of affected small 
entities.
    The proposed gag and other shallow-water grouper management 
measures are expected to reduce annual net operating revenues by 
approximately $848,000 for vessels that harvest at least 1.0 lb (0.45 
kg) of snapper-grouper. Based on an average of 299 vessels per year 
with recorded gag landings and an average of 922 vessels per year with 
recorded snapper grouper landings, this reduction in net revenue 
results in an average of approximately $2,800 per vessel with gag 
landings and approximately $900 per vessel with snapper-grouper 
landings. While net revenues are not directly comparable to gross 
revenues, the average annual revenues from all species on trips that 
harvested gag is estimated to be approximately $19,200 and the 
comparable revenue total for snapper-grouper vessels is approximately 
$16,900. For the for-hire fishery, the proposed gag and other shallow-
water grouper management measures are expected to reduce annual 
producer surplus for the entire fishery by approximately $285,000. 
Although 1,456 vessels are permitted to operate in the snapper-grouper 
fishery, not all would be expected to harvest or be affected by the gag 
and other shallow-water grouper regulations. However, a meaningful 
method for determining how to apportion the expected reduction in 
producer surplus among the vessels in the fleet has not been 
identified.
    The proposed vermilion snapper management measures are expected to 
reduce annual operating revenues to commercial vessels that harvest 
snapper-grouper by approximately $1.62 million. Based on an average of 
259 vessels per year with recorded vermilion snapper landings and 922 
vessels per year with recorded snapper-grouper landings, this reduction 
in net revenue results in an average of

[[Page 6261]]

approximately $7,300 per vessel with vermilion snapper landings and 
approximately $1,800 per vesselwith snapper-grouper landings. As stated 
above, while net revenues are not directly comparable to gross 
revenues, the average annual revenues from all species on trips that 
harvested vermilion snapper is estimated to be approximately $26,950 
and the comparable average revenue total for snapper-grouper vessels is 
approximately $16,900. For the for-hire fishery, the proposed vermilion 
snapper management measures are expected to reduce annual producer 
surplus for the entire fishery by approximately $58,000. Similar to the 
discussion on the gag and other shallow-water grouper management 
measures, a meaningful method for determining how to apportion the 
expected reduction in producer surplus among the 1,456 vessels in the 
fleet has not been identified.
    The proposed requirement to use venting and de-hooking tools to 
reduce the bycatch of snapper-grouper is expected to increase gear 
costs by less than $15 per vessel. Many fishermen would not be expected 
to incur any new gear costs since the possession and use of venting 
tools and de-hooking devices is already widespread.
    Two alternatives, including the proposed action, were considered 
for the action to specify the gag TAC. The single alternative to the 
proposed TAC is the no action alternative, which would not set a TAC 
for gag. Because a TAC is required to make management determinations, 
the no action alternative would not achieve the Council's objective.
    Four alternatives, including the proposed action, were considered 
for the action to specify an interim allocation for gag. The first 
alternative to the proposed action, the no action alternative, would 
not establish an allocation of gag between the commercial and 
recreational sectors. The absence of an allocation would hinder overall 
TAC management and the ability to take corrective action in the 
appropriate sector should TAC overages occur. This alternative, 
therefore, would not achieve the Council's objective. The other two 
alternatives to the proposed action would result in higher allocations 
to the commercial sector than the proposed action and, thus, would 
result in lower adverse economic impacts on the commercial small 
entities. However, these alternatives would increase the adverse 
impacts on the recreational sector (for-hire businesses). The overall 
net effects of the alternative allocations cannot be estimated at this 
time due to the absence of appropriate data and comparable commercial 
and recreational models. The proposed allocation was selected because 
it best matches current harvest distributions and is, thus, expected to 
be the least disruptive to current harvest practices.
    Seven alternatives (with sub-alternatives), including the proposed 
actions, were considered for the action to specify gag and other 
shallow-water grouper management measures. The proposed action 
encompasses three separate alternatives: one alternative to establish a 
spawning closure, one alternative to establish a directed commercial 
quota, and one alternative to establish recreational management 
measures. The first alternative to the proposed action is the no action 
alternative, which would apply to both the commercial and recreational 
sectors. The no action alternative would not achieve the Council's 
objective of ending overfishing of gag. Two alternatives to the 
proposed action would only apply to the commercial sector. The first of 
these alternatives would divide the commercial quota into North 
Carolina/South Carolina and Georgia/Florida regional sub-quotas. 
Although this alternative may result in a more even distribution of the 
economic effects of the proposed quota across participants in all South 
Atlantic states, the total reduction in economic value is expected to 
be greater than that of the proposed action. The second commercial 
alternative to the proposed action would establish a 1,000-lb (454-kg) 
trip limit. This alternative is expected to result in greater adverse 
economic effects than the proposed action. One alternative to the 
proposed action would only apply to the recreational sector and would 
extend the proposed spawning closure by an additional month. As a 
result, this alternative would increase the adverse economic effects on 
the recreational sector. A final alternative would apply to both the 
commercial and recreational sectors. This alternative would establish 
special management regulations for waters off Monroe County, Florida. 
This alternative is expected to result in greater adverse economic 
effects on entities in the commercial sector than the proposed action 
and have only minor economic effects on entities in the recreational 
sector.
    Two alternatives, including the proposed action, were considered 
for the action to specify the vermilion snapper TAC. The single 
alternative to the proposed TAC is the no action alternative, which 
would not set a TAC for vermilion snapper. Because a TAC is required to 
make management determinations, the no action alternative would not 
achieve the Council's objective.
    Two alternatives, including the proposed action, were considered 
for the action to specify an interim allocation for vermilion snapper. 
The only alternative to the proposed action is the no action 
alternative, which would not establish an allocation for vermilion 
snapper. The absence of an allocation would hinder overall TAC 
management and the ability to take corrective action in the appropriate 
sector should TAC overages occur. This alternative, therefore, would 
not achieve the Council's objective.
    Five alternatives (with multiple sub-alternatives), including the 
proposed action, were considered for the action to establish management 
measures for vermilion snapper. The proposed action encompasses three 
separate alternatives: one alternative to establish a directed 
commercial quota, one alternative to allocate the commercial quota to 
two periods, January through June and July through December, and one 
alternative to establish recreational management measures. The first 
alternative to the proposed action is the no action alternative, which 
would not change current management measures for vermilion snapper. The 
no action alternative would not achieve the Council's objective of 
ending overfishing of vermilion snapper. Two alternatives to the 
proposed action would only apply to the commercial sector. The first of 
these alternatives addresses the seasonal allocation of the commercial 
quota and contains two sub-alternatives. The first of these 
alternatives would allocate 40 percent of the quota to the first season 
and 60 percent to the second season instead of the proposed 50 percent 
allocation to each period (as adjusted for PQBM). This alternative is 
expected to have almost identical effects on commercial entities as the 
proposed action and is not expected to reduce the adverse economic 
effects of the proposed action. The second alternative to the proposed 
seasonal commercial quota allocation would maintain the equal 50 
percent seasonal allocation (as adjusted for PQBM) but would lengthen 
the first season by two months, thereby establishing 8-month and 4-
month seasons. This alternative is expected to result in greater 
adverse economic impacts on commercial entities than the proposed 
action. The second alternative to the proposed action that would apply 
only to the commercial sector would establish a 1,000-lb (454-kg) trip 
limit and a May 1st start to the fishing year

[[Page 6262]]

in lieu of seasonal quotas. Relative to the proposed action, this 
alternative is expected to result in slightly lower adverse economic 
effects for vessel trips landing at least 1.0 lb (0.45 kg) of vermilion 
snapper, but the Council did not choose this alternative because it 
would alter the distribution of harvests across the various areas. One 
alternative, which includes five sub-alternatives including the 
proposed action, would apply only to the recreational sector. Two of 
these sub-alternatives would maintain the zero bag limit for captain 
and crew, similar to the proposed action, but would impose higher 
minimum size limits and lower bag limits. As a result, these two sub-
alternatives are expected to result in greater adverse economic impacts 
on recreational small entities than the proposed action. The remaining 
two alternatives would maintain the zero bag limit for captain and crew 
like the proposed action. The first of these two alternatives would 
also establish a higher minimum size limit and a higher bag limit but a 
shorter seasonal closure than the proposed action. As a result of the 
higher bag limit and shorter seasonal closure, this alternative would 
be expected to result in lower adverse economic effects than the 
proposed action. The Council believed, however, that this alternative 
would have lower probability of achieving the target reduction in 
recreational harvest than the proposed action. The second of these two 
alternatives would maintain the same size limit as the proposed action 
but would establish a lower bag limit and longer seasonal closure, 
resulting in greater adverse economic impacts than the proposed action. 
Overall, the Council believes that the proposed bag limit and seasonal 
closure, while maintaining the current size limit, will provide a 
higher probability of achieving the target reduction in recreational 
harvest at a reasonably acceptable economic cost to small entities.
    Three alternatives (with one set of sub-alternatives), including 
the proposed action, were considered for the action to reduce the 
bycatch of snapper-grouper. The first alternative to the proposed 
action is the no action alternative, which would not require additional 
measures to reduce bycatch of snapper-grouper and would not achieve the 
Council's objective. In addition to the requirement of the proposed 
action for vessels fishing for snapper-grouper to possess de-hooking 
devices and venting tools, the second alternative to the proposed 
action would also require the use of circle hooks. This alternative 
would be expected to adversely affect the harvest of certain target 
species because the morphology of their mouths and biting habits would 
not allow circle hooks to be an effective harvest gear. As a result, 
this alternative would be expected to reduce the harvest of target 
species and result in greater adverse economic effects than the 
proposed action. Additionally, within this rejected alternative, sub-
alternatives considered the application of the requirements to just the 
commercial sector, just the recreational sector, or both sectors. The 
proposed action would apply to both sectors. Although the application 
of the new bycatch reduction requirements to a single sector would 
reduce the adverse economic effects for the exempted sector, the 
overall benefits of bycatch reduction would be lower. As a result, 
sector exemption would not achieve the Council's objective.
    In addition to the actions discussed above, Amendment 16 considered 
alternatives to establish management reference points and stock status 
criteria for gag and vermilion snapper. These alternatives are 
discussed in the following paragraphs.
    For both gag and vermilion snapper, the proposed management 
reference points are such that MSY would be equated to the yield 
produced at FMSY, FOY equated to the fishing 
mortality rate specified in the rebuilding plan when the stock is 
overfished or at 75 percent of FMSY when the stock is 
rebuilt, and OY equated to the yield produced at FOY. In 
terms of economic effects, these management reference points only have 
meaningful content when evaluated through the management measures 
proposed to restrict gag and vermilion snapper to the allowable harvest 
levels. Also, because they are reference points and would not directly 
place any harvest restrictions on the fishery, none of the alternatives 
would result in any direct effects on gag and vermilion snapper.
    Two alternatives, including the proposed action, were considered 
for the action to specify gag and vermilion snapper management 
reference points. The first alternative to the proposed action, the no 
action alternative, would retain the current definitions of MSY and OY. 
These definitions are not consistent with the most recent scientific 
advice and would not achieve the Council's objective of basing 
management decisions on the best available scientific information. The 
second alternative contains three sub-alternatives for the 
specification of OY, one of which is the proposed OY specification. 
Each of the two alternative specifications to the proposed OY are based 
on the same specification of MSY, but specify different levels of OY, 
one more than the proposed OY and one less. All OY levels, including 
the proposed action, would result in relatively restrictive management 
measures. However, the proposed OY is expected to provide the best 
balance between short-term adverse economic impacts and long-term 
protection to the stock.

List of Subjects in 50 CFR Part 622

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

    Dated: February 2, 2009
James W. Balsiger,
Acting Assistant Administrator for Fisheries, 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.  622.35, paragraphs (j) and (k) are added to read as 
follows:


Sec.  622.35  Atlantic EEZ seasonal and/or area closures.

* * * * *
    (j) Seasonal closure of the recreational and commercial fisheries 
for gag and associated grouper species. During January through April 
each year, no person may fish for, harvest, or possess in or from the 
South Atlantic EEZ gag, black grouper, red grouper, scamp, red hind, 
rock hind, yellowmouth grouper, tiger grouper, yellowfin grouper, 
graysby, or coney. In addition, for a person on board a vessel for 
which a valid Federal commercial or charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, the provisions of this 
closure apply in the South Atlantic, regardless of where such fish are 
harvested, i.e., in state or Federal waters.
    (k) Seasonal closure of the recreational fishery for vermilion 
snapper. The recreational fishery for vermilion snapper in or from the 
South Atlantic EEZ is closed from November 1 through March 31, each 
year. In addition, for a person on board a vessel for which a valid 
Federal charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, this closure applies in the South Atlantic, 
regardless of where the fish are

[[Page 6263]]

harvested, i.e., in state or Federal waters. During the closure, the 
bag and possession limit for vermilion snapper in or from the South 
Atlantic EEZ is zero.


Sec.  622.36  [Amended]

    3. In Sec.  622.36, paragraph (b)(4) is removed and reserved.
    4. In Sec.  622.39, paragraphs (d)(1)(ii) introductory text, 
(d)(1)(ii)(A), and (d)(1)(v) are revised to read as follows:


Sec.  622.39  Bag and possession limits.

* * * * *
    (d) * * *
    (1) * * *
    (ii) Grouper and tilefish, combined--3. However, no grouper or 
tilefish may be retained by the captain or crew of a vessel operating 
as a charter vessel or headboat. The bag limit for such captain and 
crew is zero. In addition, within the 3-fish aggregate bag limit:
    (A) No more than one fish may be gag or black grouper, combined;
* * * * *
    (v) Vermilion snapper--5. However, no vermilion snapper may be 
retained by the captain or crew of a vessel operating as a charter 
vessel or headboat. The bag limit for such captain and crew is zero.
* * * * *
    5. In Sec.  622.41, paragraph (n) is added to read as follows:


Sec.  622.41  Species specific limitations.

* * * * *
    (n) Required gear in the South Atlantic snapper-grouper fishery. 
For a person on board a vessel to fish for South Atlantic snapper-
grouper in the South Atlantic EEZ, the vessel must possess on board and 
such person must use the gear as specified in paragraphs (n)(1) and 
(n)(2) of this section.
    (1) Dehooking device. At least one dehooking device is required and 
must be used as needed to remove hooks embedded in South Atlantic 
snapper-grouper with minimum damage. The hook removal device must be 
constructed to allow the hook to be secured and the barb shielded 
without re-engaging during the removal process. The dehooking end must 
be blunt, and all edges rounded. The device must be of a size 
appropriate to secure the range of hook sizes and styles used in the 
South Atlantic snapper-grouper fishery.
    (2) Venting tool. At least one venting tool is required and must be 
used as needed to deflate the swim bladders of South Atlantic snapper-
grouper to release the fish with minimum damage. This tool must be a 
sharpened, hollow instrument, such as a hypodermic syringe with the 
plunger removed, or a 16-gauge needle fixed to a hollow wooden dowel. A 
tool such as a knife or an ice-pick may not be used. The venting tool 
must be inserted into the fish at a 45-degree angle in a forward 
direction approximately 1 to 2 inches (2.54 to 5.08 cm) from the base 
of the pectoral fin. The tool must be inserted just deep enough to 
release the gases, so that the fish may be released with minimum 
damage.
    6. In Sec.  622.42, paragraph (e)(4) is revised, and paragraph 
(e)(7) is added to read as follows:


Sec.  622.42  Quotas.

* * * * *
    (e) * * *
    (4) Vermilion snapper. (i) For the period January through June each 
year--315,523 lb (143,119 kg).
    (ii) For the period July through December each year--302,523 lb 
(137,222 kg).
    (iii) Any unused portion of the quota specified in paragraph 
(e)(4)(i) of this section will be added to the quota specified in 
paragraph (e)(4)(ii) of this section. Any unused portion of the quota 
specified in paragraph (e)(4)(ii) of this section, including any 
addition of quota specified in paragraph (e)(4)(i) that was unused, 
will become void and will not be added to any subsequent quota.
* * * * *
    (7) Gag--352,940 lb (160,091 kg).
* * * * *
    7. In Sec.  622.43, paragraph (a)(5) is revised to read as follows:


Sec.  622.43  Closures.

* * * * *
    (a) * * *
    (5) South Atlantic gag, greater amberjack, snowy grouper, golden 
tilefish, vermilion snapper, black sea bass, and red porgy. (i) The 
appropriate bag limits specified in Sec.  622.39(d)(1) and the 
possession limits specified in Sec.  622.39(d)(2) apply to all harvest 
or possession of the applicable species in or from the South Atlantic 
EEZ, and the sale or purchase of the applicable species taken from or 
possessed in the EEZ is prohibited.
    (ii) The bag and possession limits for the applicable species and 
the prohibition on sale/purchase apply in the South Atlantic on board a 
vessel for which a valid Federal commercial or charter vessel/headboat 
permit for South Atlantic snapper-grouper has been issued, without 
regard to where such species were harvested, i.e., in state or Federal 
waters.
    (iii) For gag only, when the commercial quota for gag is reached, 
the provisions of paragraphs (a)(5)(i) and (ii) of this section apply 
to gag and the following associated grouper species: black grouper, red 
grouper, scamp, red hind, rock hind, yellowmouth grouper, tiger 
grouper, yellowfin grouper, graysby, and coney.
* * * * *
    8. In Sec.  622.45, paragraph (d)(8) is revised to read as follows:


Sec.  622.45  Restrictions on sale/purchase.

* * * * *
    (d) * * *
    (8) During January through April, no person may sell or purchase a 
gag, black grouper, red grouper, scamp, red hind, rock hind, 
yellowmouth grouper, tiger grouper, yellowfin grouper, graysby, or 
coney harvested from or possessed in the South Atlantic EEZ or, if 
harvested or possessed by a vessel for which a valid Federal commercial 
or charter vessel/headboat permit for South Atlantic snapper-grouper 
has been issued, harvested from the South Atlantic, i.e., state or 
Federal waters. The prohibition on sale/purchase during January through 
April does not apply to such species that were harvested, landed 
ashore, and sold prior to January 1 and were held in cold storage by a 
dealer or processor. This prohibition also does not apply to a dealer's 
purchase or sale of such species harvested from an area other than the 
South Atlantic, provided such fish is accompanied by documentation of 
harvest outside the South Atlantic. Such documentation must contain:
    (i) The information specified in 50 CFR part 300 subpart K for 
marking containers or packages of fish or wildlife that are imported, 
exported, or transported in interstate commerce;
    (ii) The official number, name, and home port of the vessel 
harvesting such fish;
    (iii) The port and date of offloading from the vessel harvesting 
such fish, and;
    (iv) A statement signed by the dealer attesting that such fish was 
harvested from an area other than the South Atlantic.
* * * * *
[FR Doc. E9-2583 Filed 2-5-09; 8:45 am]
BILLING CODE 3510-22-S