[Federal Register Volume 75, Number 124 (Tuesday, June 29, 2010)]
[Notices]
[Pages 37390-37405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15778]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XX12


Caribbean Fishery Management Council; Public Hearings

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public hearings.

-----------------------------------------------------------------------

SUMMARY: The Caribbean Fishery Management Council will hold public 
hearings to obtain input from fishers, the general public, and the 
local agencies representatives on the Public Hearing Draft Document for 
Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery 
of Puerto Rico and the U.S. Virgin Islands and Amendment 5 to the Reef 
Fish Fishery Management Plan of Puerto Rico and the U.S. Virgin Islands 
(with Draft Environmental Impact Statement).

DATES AND ADDRESSES: The public hearings will be held on the following 
dates and locations:

In Puerto Rico

July 19, 2010, DoubleTree by Hilton San Juan Hotel, De Diego Avenue, 
San Juan, Puerto Rico.
July 20, 2010, Centro de Usos M[uacute]ltiples de Fajardo, Apartado 
865, Municipio de Fajardo, Fajardo, Puerto Rico.
July 21, 2010, Ponce Holiday Inn and Tropical Casino. 3315 Ponce By 
Pass, Ponce, Puerto Rico.
July 22, 2010, Rincon of the Seas Grand Caribbean Hotel, Rd. 115, Km. 
12.2, Rinc[oacute]n, Puerto Rico.

In U.S. Virgin Islands

July 20, 2010, The Buccaneer Hotel, Estate Shoys, Christiansted, St. 
Croix, U.S. Virgin Islands.
July 21, 2010, Windward Passage Holiday Inn Hotel, 3400 Veterans Drive, 
St. Thomas, U.S. Virgin Islands.

    All meetings will be held from 7 p.m. to 10 p.m.

FOR FURTHER INFORMATION CONTACT: Caribbean Fishery Management Council, 
268 Mu[ntilde]oz Rivera Avenue, Suite 1108, San Juan, Puerto Rico 
00918-1920, telephone (787) 766-5926.

SUPPLEMENTARY INFORMATION: The Caribbean Fishery Management Council 
will hold public hearings to receive public input on the following 
management alternatives:

4.0 Management Alternatives

    The Council at its 134th Regular Meeting held April 7-8, 2010, in 
St. Thomas selected the preferred alternatives for most actions in this 
amendment. These are marked as (PREFERRED) for those cases when a 
preferred alternative was identified. This does not mean that this is 
the final decision by the Council. Instead, the alternatives including 
the designated preferred alternatives will be vetted at public hearings 
and then further discussed at the Council's 135th Regular meeting to be 
held after public hearings.

4.1 Action 1: Amend the Stock Complexes in the Reef Fish Fishery 
Management Units (FMU)

4.1.1 Action 1(a) Grouper Complex
    Alternative 1. No action. Do not change the species groupings 
within the grouper complex.
    Alternative 2. (PREFERRED) Separate Grouper Unit 4 into Grouper 
Unit 4 (yellowfin, red, tiger plus black grouper) and Grouper Unit 5 
(yellowedge and misty grouper). Move creole-fish from Grouper Unit 3 
into the `data collection only' unit.
    Discussion: Action 1(a) proposes several changes to the grouper 
Fishery Management Units for the U.S. Caribbean, including the removal 
of creole-fish (Paranthias furcifer) from Unit 3, addition of black 
grouper (Mycteroperca bonaci) to Unit 4, and movement of yellowedge 
grouper (Epinephelus flavolimbatus) and misty grouper (E. mystacinus) 
into a Unit of their own (Table 4.1.1).
4.1.2 Action 1(b) Snapper complex
    Alternative 1. No action. Do not change the species groupings 
within the snapper complex.
    Alternative 2. (PREFERRED) Modify the snapper FMUs by adding 
cardinal snapper (Pristipomoides macrophthalmus) to SU2 and moving 
wenchman (Pristipomoides aquilonaris) into SU1.
    Discussion: The wenchman, Pristipomoides aquilonaris, is currently 
included in SU2 along with the queen snapper (Etelis oculatus). 
However, the species commonly captured in the commercial fishery 
apparently is locally known (particularly in Puerto Rico) as the 
wenchman although it actually appears to be Pristipomoides 
macrophthalmus. The latter is commonly referred to as the cardinal 
snapper. The cardinal snapper clusters strongly with queen snapper 
based upon analyses of landings records and habitat utilization 
patterns by depth (SEDAR 2009). In contrast, P. aquilonaris is most 
closely associated with those species comprising SU1, again based upon 
similarities in habitat utilization by depth.

                Table 4.1.1--Current and Proposed FMUs for Various Species of Caribbean Reef Fish
----------------------------------------------------------------------------------------------------------------
        Reef Fish Complex               Current                                 Proposed
----------------------------------------------------------------------------------------------------------------
Grouper Unit 3..................  Red hind...........  Rock hind.

[[Page 37391]]

 
                                  Coney..............  Coney.
                                  Rock hind..........  Rock hind.
                                  Graysby............  Graysby.
                                  Creole-fish........
Grouper Unit 4..................  Yellowfin..........  Yellowfin.
                                  Red................  Red.
                                  Tiger..............  Tiger.
                                  Yellowedge.........  Black.
                                  Misty..............
Grouper Unit 5..................  ...................  Yellowedge.
                                  ...................  Misty.
Snapper Unit 1..................  Silk...............  Silk.
                                  Black..............  Black.
                                  Blackfin...........  Blackfin.
                                  Vermilion..........  Vermilion.
                                  ...................  Wenchman (Pristipomoides aquilonaris).
Snapper Unit 2..................  Queen..............  Queen.
                                  Wenchman             Cardinal (Pristipomoides macrophthalmus).
                                   (Pristipomoides
                                   aquilonaris).
----------------------------------------------------------------------------------------------------------------

4.2 Action 2: Management Reference Points

    The MSA requires that FMPs specify a number of reference points for 
managed fish stocks, including:
     Maximum Sustainable Yield (MSY)--The greatest amount or 
yield that can be sustainably harvested under prevailing environmental 
conditions.
     Overfishing Threshold--The maximum rate of fishing a stock 
can withstand (MFMT) or maximum yield a stock can produce (OFL), 
annually, while still providing MSY on a continuing basis.
     Overfished Threshold (MSST)--The biomass level below which 
a stock would not be capable of producing MSY.
     Annual Catch Limit (ACL)--The annual level to which catch 
is limited in order to prevent overfishing from occurring.
     Optimum Yield (OY)--The amount or yield that provides the 
greatest overall benefit to the Nation, taking into account food 
production, recreational opportunities and the protection of marine 
ecosystems.
    Together, these parameters are intended to provide the means to 
measure the status and performance of fisheries relative to established 
goals. Available data in the U.S. Caribbean are not sufficient to 
support direct estimation of MSY and other key parameters. In such 
cases, the National Standard 1 (NS1) guidelines direct regional fishery 
management councils to adopt other measures of productive capacity, 
including long-term average catch, which can serve as reasonable 
proxies.
    This section describes current reference points or proxies for 
species/species groups comprising the snapper, grouper, parrotfish and 
queen conch complexes, as well as alternative MSY proxies, overfishing 
thresholds, and ACL and OY definitions, considered by the Council to 
better comply with new mandates added to the MSA through the 2006 MSRA. 
None of the parameter estimates considered here represents empirical 
estimates derived from a comprehensive stock assessment; rather, all 
are calculated based on landings data averaged over alternative time 
series. The overfished threshold (MSST) of these species/species groups 
is currently defined based on the default proxy recommended by Restrepo 
et al. (1998) and is not being revisited here. That default proxy 
effectively defines a more conservative threshold for less productive 
species, such as snapper, grouper, and conch, which are not capable of 
recovering to BMSY as quickly as other, more productive 
species.
    The Council at its 133rd meeting reviewed the alternatives taken to 
scoping meetings (see Appendix 4 for Scoping Meeting information and 
Appendix 5 for Alternatives Considered and Rejected) and the comments 
received. Additional information regarding the need to redefine status 
determination criteria or management reference points (or their 
proxies) and to evaluate the data on recent catch were presented at the 
133rd Council meeting and incorporated into this public hearing draft.
    All the reference points considered here are closely interrelated, 
and the MSA places several key constraints on what can be considered a 
reasonable suite of alternatives. OY must be less than or equal to MSY. 
ACL must be less than or equal to the acceptable biological catch (ABC) 
level recommended by a Council's Scientific and Statistical Committee 
(SSC) or other established peer-review process. And the ABC 
recommendation must be less than or equal to the overfishing threshold.
4.2.1 Action 2(a) Snapper, Grouper and Parrotfish Complexes
    Action 2(a) proposes to redefine management reference points or 
proxies for species/species groups within the snapper, grouper, and 
parrotfish complexes. The composition and classification of these 
species/species groups in NMFS' report to Congress on the status of 
U.S. marine fisheries is described in Table 2.2.1. Snapper Unit 1, 
Grouper Units 1 and 4, and the Parrotfish Unit are classified as 
undergoing overfishing; however, the status of these species groups has 
not been assessed since the Council and NMFS implemented measures to 
address overfishing through the Comprehensive SFA Amendment (CFMC 
2005). Grouper Units 1, 2 and 4 are classified as overfished and are 
entering the sixth year of rebuilding plans designed to rebuild those 
species/species groups by 2029, 2034 and 2014, respectively.
    Alternative 1. No action. Retain current management reference 
points or proxies for species/species groups within the snapper, 
grouper and/or parrotfish complexes.
    Discussion: This alternative would retain the present MSY proxy, 
OY, and overfishing threshold definitions specified in the 
Comprehensive SFA Amendment for species/species groups within the 
snapper, grouper, and/or parrotfish complexes. These definitions are 
detailed in Table 4.2.1.

[[Page 37392]]



Table 4.2.1--Current MSY Proxy, OY and Overfishing Threshold Definitions
  for Species/Species Groups Within the Snapper, Grouper and Parrotfish
                                Complexes
------------------------------------------------------------------------
          Reference point                   Status quo definition
------------------------------------------------------------------------
Maximum Sustainable Yield.........  MSY proxy = C/[(Fcurr/FMSY) x (Bcurr/
                                     Bmsy)]; where C is calculated based
                                     on commercial landings for the
                                     years 1997-2001 for Puerto Rico and
                                     1994-2002 for the USVI, and on
                                     recreational landings for the years
                                     2000-2001.
Overfishing Threshold.............  MFMT = Fmsy
Optimum Yield.....................  OY = average yield associated with
                                     fishing on a
                                    continuing basis at Foy; where Foy =
                                     0.75Fmsy.
------------------------------------------------------------------------

    The current MSY proxy is based on average catch (C) and on 
estimates of where stock biomass and fishing mortality rates are in 
relation to MSY levels during the period over which catches are 
averaged. The overfishing threshold (MFMT) is defined as a rate of 
fishing which exceeds that which would produce MSY. And OY is defined 
as the amount of fish produced by fishing at a rate equal to 75% of 
that which would produce MSY. The numerical values associated with 
these parameters are provided in Table 4.2.2 under the columns titled, 
``Alternative 1.''
    The Comprehensive SFA Amendment in which these reference points 
were established pre-dated the MSRA provisions requiring FMPs to 
specify ACLs; consequently, the Comprehensive SFA Amendment did not 
explicitly specify this parameter for managed species/species groups. 
However, the ABC estimates derived from the Council's MSY control rule 
could be considered to represent the ACLs of snapper, grouper, and 
parrotfish species if no additional action were taken to revise 
management reference points in this amendment.
    The average catch estimate used to calculate the Caribbean-wide MSY 
proxy for each species/species group was derived from commercial 
landings data recorded during 1997-2001 for Puerto Rico and during 
1994-2002 for the USVI, and recreational landings data recorded during 
2000-2001. These time series were considered to represent the longest 
time periods of consistently reliable data at the time the 
Comprehensive SFA Amendment was approved. Commercial catch data were 
derived from trip ticket reports collected by the state governments. 
Recreational data for Puerto Rico were derived from MRFSS. Recreational 
data for the USVI were derived by assuming the same commercial-
recreational relationship and species composition reported by MRFSS for 
Puerto Rico. Those data indicated recreational catches averaged about 
44% of commercial catch levels during 2000-2001.

    Table 4.2.2--Extant and Alternative U.S. Caribbean Reference Points or Proxies Calculated Based on the Alternative Time Series Described in Section 4.2.1. Also Included Are the Average
                                                  Landings for the Two Years (2006-2007) Following Enactment of the Comprehensive SFA Amendment
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Maximum Sustainable Yield (MSY) Proxy                                            Overfishing Threshold
                                              --------------------------------------------------------------------------------------------------------------------------------------------------
                     Unit                                                                                                                          Alternative 2   Alternative 3   Alternative 4
                                                Alternative 1   Alternative 2   Alternative 3   Alternative 4        Alternative 1  (MFMT)             (OFL)           (OFL)           (OFL)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Queen Conch..................................         452,000         512,718         488,073         525,152  Undefined........................         512,718         488,073         525,152
Snapper......................................       1,551,000       2,004,003       1,861,538       1,725,798  Undefined........................       2,004,003       1,861,538       1,725,798
Unit 1.......................................         493,000  ..............  ..............  ..............  .................................  ..............  ..............  ..............
Unit 2.......................................         151,000  ..............  ..............  ..............  .................................  ..............  ..............  ..............
Unit 3.......................................         542,000  ..............  ..............  ..............  .................................  ..............  ..............  ..............
Unit 4.......................................         365,000  ..............  ..............  ..............  .................................  ..............  ..............  ..............
Grouper......................................  257,000-289,00         396,483         354,853         337,178  Undefined........................         396,483         354,853         337,178
                                                            0
Unit 1.......................................    2,000-25,000  ..............  ..............  ..............  .................................  ..............  ..............  ..............
Unit 2.......................................    2,000-11,000  ..............  ..............  ..............  .................................  ..............  ..............  ..............
Unit 3.......................................         158,000  ..............  ..............  ..............  .................................  ..............  ..............  ..............
Unit 4.......................................          95,000  ..............  ..............  ..............  .................................  ..............  ..............  ..............
Parrotfish...................................         304,000         507,059         496,656         512,201  Undefined........................         507,059         496,656         512,201
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


 
                                                                                           Optimum Yield (OY)/Annual Catch Limit (ACL)
             Unit              -----------------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Alt. 1 (OY/ABC)     Alt. 2(c)       Alt. 2(d)       Alt. 2(e)       Alt. 2(f)       Alt. 2(g)       Alt. 2(h)       Alt. 3(c)       Alt. 3(d)       Alt. 3(e)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Queen Conch...................  424,000/--......  107,720.......  91,562........  80,790........  53,860........  50,000........  0.............  116,899.......  99,364........  87,674
Snapper.......................  1,455,000/        2,004,003.....  1,703,403.....  1,503,002.....  1,002,002.....  ..............  N/A...........  1,861,538.....  1,582,307.....  1,396,154
                                 1,428,000.
Unit 1........................  463,000/370,000.  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............
Unit 2........................  142,000/151,000.  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............
Unit 3........................  508,000/542,000.  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............
Unit 4........................  342,000/365,000.  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............
Grouper.......................  237,000/229,000.  396,483.......  337,011.......  297,362.......  198,242.......  ..............  N/A...........  354,853.......  301,625.......  266,140
Unit 1........................  1,880-23,440/--.  ..............  ..............  ..............  ..............  ..............  0.............  ..............  ..............  ..............
Unit 2........................  1,880-10,310/--.  ..............  ..............  ..............  ..............  ..............  0.............  ..............  ..............  ..............

[[Page 37393]]

 
Unit 3........................  148,000/158,000.  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............
Unit 4........................  89,000/71,000...  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............
Parrotfish....................  285,000/228,000.  507,059.......  431,000.......  380,294.......  253,530.......  430,000.......  N/A...........  496,656.......  422,158.......  372,492
Unit..........................  Alt 3(f)........  Alt 3(g)......  Alt 3(h)......  Alt 4(c)......  Alt 4(d)......  Alt 4(e)......  Alt 4(f)......  Alt 4(g)......  Alt 4(h)......  06-07 Avg.
Queen Conch...................  58,450..........  50,000........  0.............  138,587.......  117,799.......  103,940.......  69,294........  50,000........  0.............  401,705
Snapper.......................  930,769.........  ----..........  N/A...........  1,725,798.....  1,466,928.....  1,294,349.....  862,899.......  ..............  N/A...........  1,360,996
Unit 1........................  ................  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............
Unit 2........................  ................  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............
Unit 3........................  ................  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............
Unit 4........................  ................  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............
Grouper.......................  177,427.........  ..............  N/A...........  337,178.......  286,601.......  252,884.......  168,589.......  ..............  N/A...........  214,118
Unit 1........................  ................  ..............  0.............  ..............  ..............  ..............  ..............  ..............  0.............  ..............
Unit 2........................  ................  ..............  0.............  ..............  ..............  ..............  ..............  ..............  0.............  ..............
Unit 3........................  ................  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............
Unit 4........................  ................  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............  ..............
Parrotfish....................  248,328.........  430,000.......  N/A...........  512,201.......  435,371.......  384,151.......  256,101.......  430,000.......  N/A...........  464,819
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    Because data are insufficient to estimate biomass and fishing 
mortality rates in the U.S. Caribbean, the remaining information needed 
to calculate MSY proxies was derived from the informed judgment of the 
SFA Working Group regarding whether each species/species group was at 
risk of overfishing and/or overfished during the time period when 
catches were averaged.\1\ This approach followed guidance provided by 
Restrepo et al. (1998), which notes that ``in cases of severe data 
limitations, qualitative approaches [to determining stock status and 
fishery status] may be necessary, including [the use of] expert opinion 
and consensus-building methods.'' The determinations of the SFA Working 
Group were based on available scientific and anecdotal information 
(including anecdotal observations of fishermen as reported by fishery 
managers), life history information, and the status of individual 
species as evaluated in other regions. ABC estimates were developed 
using the natural mortality rate of each species/species group as a 
proxy for FMSY. The actual yield associated with the current 
OY definition was estimated to equal 93.75% of MSY.
---------------------------------------------------------------------------

    \1\ The SFA Working Group was a Council-advisory group, which 
included staff from the Council, NMFS' Southeast Regional Office and 
SEFSC, USVI and Puerto Rico fishery management agencies, and several 
environmental non-governmental organizations. The discussion of 
biomass and fishing mortality rate estimates took place at the 
October 23-24, 2002 meeting of the SFA Working Group in Carolina, 
Puerto Rico. Notice of the meeting location, date, and agenda was 
provided in the Federal Register (67 FR 63622).
---------------------------------------------------------------------------

    Alternative 2. (PREFERRED) Redefine management reference points or 
proxies for the snapper, grouper and/or parrotfish complexes based on 
the longest time series of pre-Comprehensive SFA Amendment catch data 
that is considered to be consistently reliable across all islands.
    Discussion: Alternative 2 would define aggregate management 
reference points or proxies for the snapper, grouper and/or parrotfish 
complexes based on what the Council considers to be the longest time 
series of catch data prior to the implementation of the Comprehensive 
SFA Amendment that is consistently reliable across all islands. 
Specific definitions are detailed in Table 4.2.3. The Council chose to 
omit several years of landings data collected in Puerto Rico prior to 
1999 in favor of selecting a more consistent baseline across all 
islands, noting the inclusion of those earlier landings data would not 
appreciably alter the various reference point estimates.
    The MSY proxy specified by Alternative 2 would equate to average 
catch, calculated using commercial landings data from 1999-2005 for 
Puerto Rico and St. Croix and from 2000-2005 for St. Thomas/St. John, 
and recreational landings data from 2000-2005 for Puerto Rico only. 
Commercial data would be derived from trip ticket reports collected by 
the state governments. Recreational data would be derived from the 
MRFSS.
    The overfishing threshold (OFL) would be defined as the amount of 
catch corresponding to the MSY proxy, and overfishing would be 
determined to occur if annual catches exceeded the overfishing 
threshold (Alternative 2(a)) or if annual catches exceeded the 
overfishing threshold and scientists (in consultation with managers) 
attributed the overage to increased catches versus improved data 
collection and monitoring (Alternative 2(b)).

    Table 4.2.3--Management Reference Points or Proxies Proposed for
    Snapper, Grouper and/or Parrotfish Complexes Under Alternative 2
------------------------------------------------------------------------
       Reference point                 Alternative 2 (preferred)
------------------------------------------------------------------------
Maximum Sustainable Yield....  MSY proxy = average annual commercial
                                catch from 1999-2005 for Puerto Rico and
                                STX and from 2000-2005 for STT/STJ +
                                average annual recreational catch from
                                MRFSS during 2000-2005 for Puerto Rico.
------------------------------------------------------------------------
                          Overfishing Threshold
------------------------------------------------------------------------
Alternative 2(a).............  OFL = MSY proxy; overfishing occurs when
                                annual catches exceed the OFL.
------------------------------------------------------------------------

[[Page 37394]]

 
Alternative 2(b) (PREFERRED).  OFL = MSY proxy; overfishing occurs when
                                annual catches exceed the OFL, unless
                                NMFS' Southeast Fisheries Science Center
                                (in consultation with the Caribbean
                                Fishery Management Council and its
                                Scientific and Statistical Committee)
                                determines the overage occurred because
                                data collection/monitoring improved,
                                rather than because catches actually
                                increased.
------------------------------------------------------------------------
                    Optimum Yield/Annual Catch Limit
------------------------------------------------------------------------
Alternative 2(c).............  OY = ACL = OFL.
Alternative 2(d).............  OY = ACL = OFL x (0.85).
Alternative 2(e) (PREFERRED).  OY = ACL = OFL x (0.75) (PREFERRED for
                                snappers, groupers and parrotfish).
Alternative 2(f).............  OY = ACL = OFL x (0.50)
Alternative 2(g).............  OY = ACL = ABC specified by Scientific
                                and Statistical Committee.
Alternative 2(h) (PREFERRED).  OY = ACL = 0 (Grouper Units 1 and 2,
                                midnight parrotfish, blue parrotfish,
                                rainbow parrotfish) (PREFERRED for GU1
                                and GU2 and for midnight, blue and
                                rainbow parrotfish).
------------------------------------------------------------------------

    The OY and ACL would be equal values, and the same socioeconomic 
and ecological tradeoffs would be considered in the determination of 
where to set both of these parameters. Most of the alternative ACL 
definitions considered here are more restrictive than the current OY 
definition and would prevent the fishery from achieving OY as currently 
defined.
    ACL (= OY) Alternatives 2(c) through 2(f) would set those 
parameters equal to some proportion (100-50%) of the OFL to take into 
account uncertainty, ecological factors, and other concerns. 
Alternative 2(g) would set the ACL (= OY) equal to the ABC recommended 
by the Council's Scientific and Statistical Committee; however, of the 
complexes considered here, the SSC recommended an ABC only for 
parrotfish. Alternative 2(h) would set the ACL (= OY) equal to zero for 
Grouper Unit 1 (Nassau grouper) and/or Grouper Unit 2 (goliath 
grouper), indicating that take of these species should be prohibited to 
prevent overfishing. The Council chose to include three of the 
parrotfish (blue, midnight and rainbow) in Alternative 2(h) thereby 
creating the option to set OY and ACL equal to zero for these species 
as well.
    The specific numerical values associated with the various 
Alternative 2 definitions are described in Table 4.2.2 under the 
columns titled, ``Alternative 2.''
    The CFMC, at its 134th Regular Meeting held in St. Thomas, USVI 
during April 7-8 2010, chose the following alternatives as preferred 
alternatives to be taken to public hearings. These are not to be 
considered final actions by the CFMC. Instead, the Council will convene 
later in 2010, following the public hearings, to take final action on 
these alternatives.
    In Action 2(a), Alternative 2 was chosen as the preferred 
alternative because it includes the longest pre-Comprehensive SFA 
Amendment data series for the commercial and recreational sectors. In 
2005, implementation of the Comprehensive SFA Amendment to the reef 
fish and conch FMPs included a suite of management measures designed to 
curb or end overfishing, including for example seasonal and area 
closures. As a result, the management regime changed drastically in 
2005. The Council therefore decided to use the pre-Comprehensive SFA 
Amendment time series for redefining management reference points 
because that time series does not include post-2005 years that are 
influenced by those potentially substantial changes in management and 
resultant reduction in catch. Moreover, Caribbean coral reefs and their 
associated community experienced a major bleaching event and an above-
normal number of hurricanes and storms in 2005 (Wilkinson and Souter 
2008), further complicating the interpretation of post-2005 harvest 
data.
    The CFMC chose Alternative 2(b) as a preferred alternative in the 
public hearing draft document to ensure that AMs are not triggered 
indiscriminately without considering the effect of improved reporting 
and data collection efforts. The Council recognized the efforts that 
the local governments, fishers, and the SEFSC are undertaking to 
provide the necessary information for stock assessments in the region. 
In making the determination, the agency will assess the quality of the 
incoming data on an improved and timely schedule, and monitor along 
with the local governments the quality of the data. Additional 
information could be collected to determine if the increase in catches 
is due to more accurate reporting, including increases in the number of 
complete catches being sampled.
    The Council preferred Alternatives 2(e), a scalar of 0.75, for the 
snapper complex, the grouper complex, and the parrotfish unit. This 
precautionary approach was taken in consideration of the combined 
management and scientific uncertainty inherent in the data, but also 
considering the many changes that have taken place in the U.S. 
Caribbean since 2005. Alternative 2(h) was chosen as a preferred 
alternative for GU1 (Nassau grouper), GU2 (goliath grouper), and for 
blue, midnight, and rainbow parrotfish. For Nassau and goliath grouper, 
fishing and possession of these species already is prohibited in all 
state and territorial waters and in the EEZ.
    This amendment includes, as an alternative, a prohibition on 
fishing for and possession of midnight, blue, and rainbow parrotfish, 
as recommended by the SSC. The Council also chose Action 4(a) 
Alternative 2 prohibiting fishing for and possession of these 
parrotfish as the preferred alternative. This alternative, for the 
three species of parrotfish, responds to the important role these 
larger parrotfish have on the ecological health of the coral reefs and 
the testimony at Council public meetings (including scoping meetings on 
ACLs) on the decrease in numbers of these species on U.S. Caribbean 
coral reefs.
    Alternative 3. Redefine management reference points or proxies for 
the snapper, grouper and/or parrotfish complexes based on the longest 
time series of catch data that is considered to be consistently 
reliable across all islands.

[[Page 37395]]



    Table 4.2.4--Management Reference Points or Proxies Proposed for
    Snapper, Grouper and/or Parrotfish Complexes Under Alternative 3
------------------------------------------------------------------------
       Reference point                       Alternative 3
------------------------------------------------------------------------
Maximum Sustainable Yield....  MSY proxy = average annual commercial
                                catch from 1999-2007 for Puerto Rico and
                                STX and from 2000-2007 for STT/STJ +
                                average annual recreational catch from
                                MRFSS during 2000-2007 for Puerto Rico.
------------------------------------------------------------------------
                          Overfishing Threshold
------------------------------------------------------------------------
Alternative 3(a).............  OFL = MSY proxy; overfishing occurs when
                                annual catches exceed the OFL.
------------------------------------------------------------------------
Alternative 3(b).............  OFL = MSY proxy; overfishing occurs when
                                annual catches exceed the OFL, unless
                                NMFS' Southeast Fisheries Science Center
                                (in consultation with the Caribbean
                                Fishery Management Council and its
                                Scientific and Statistical Committee)
                                determines the overage occurred because
                                data collection/monitoring improved,
                                rather than because catches actually
                                increased.
------------------------------------------------------------------------
                    Optimum Yield/Annual Catch Limit
------------------------------------------------------------------------
Alternative 3(c).............  OY = ACL = OFL.
------------------------------------------------------------------------
Alternative 3(d).............  OY = ACL = OFL x (0.85).
Alternative 3(e).............  OY = ACL = OFL x (0.75).
Alternative 3(f).............  OY = ACL = OFL x (0.50).
Alternative 3(g).............  OY = ACL = ABC specified by Scientific
                                and Statistical Committee.
Alternative 3(h).............  OY = ACL = 0 (Grouper Units 1 and 2 and/
                                or parrotfish).
------------------------------------------------------------------------

    Discussion: Alternative 3 would define aggregate management 
reference points or proxies for the snapper, grouper and/or parrotfish 
complexes based on what the Council considers to be the longest time 
series of catch data that is consistently reliable across all islands. 
Specific definitions are detailed in Table 4.2.4.
    The Council chose to omit several years of landings data collected 
in Puerto Rico prior to 1999 in favor of selecting a more consistent 
baseline across all islands, noting the inclusion of those earlier 
landings data would not appreciably alter the various reference point 
estimates.
    The MSY proxy defined by Alternative 3 would equate to average 
catch, calculated using commercial landings data from 1999-2007 for 
Puerto Rico and St. Croix and from 2000-2007 for St. Thomas/St. John, 
and recreational landings data from 2000-2007 for Puerto Rico only. 
Commercial data would be derived from trip ticket reports collected by 
the state governments. Recreational data would be derived from the 
MRFSS. Alternative definitions for the overfishing threshold, OY, and 
ACL parameters are the same as those considered under Alternative 2. 
The specific numerical values associated with the various Alternative 3 
definitions are described in Table 4.2.2 under the columns titled, 
``Alternative 3.''
    Alternative 4. Redefine management reference points or proxies for 
the snapper, grouper and/or parrotfish complexes based on the most 
recent five years of available catch data.
    Discussion: Alternative 4 would define aggregate management 
reference points or proxies for the snapper, grouper and/or parrotfish 
complexes based on the most recent five years of available catch data 
as requested by the Council. Specific definitions are detailed in Table 
4.2.5.
    The MSY proxy defined by Alternative 4 would equate to average 
catch, calculated using commercial landings data from 2003-2007 for 
Puerto Rico and the USVI, and recreational landings data from 2003-2007 
for Puerto Rico only. Commercial data would be derived from trip ticket 
reports collected by the state governments. Recreational data would be 
derived from the MRFSS. Alternative definitions for the overfishing 
threshold, OY and ACL parameter are the same as those considered under 
Alternatives 2 and 3. The specific numerical values associated with the 
various Alternative 4 definitions are described in Table 4.2.2 under 
the columns titled, ``Alternative 4.''

    Table 4.2.5--Management Reference Points or Proxies Proposed for
    Snapper, Grouper and/or Parrotfish Complexes Under Alternative 4
------------------------------------------------------------------------
       Reference point                       Alternative 4
------------------------------------------------------------------------
Maximum Sustainable Yield....  MSY proxy = average annual commercial
                                catch from 2003-2007 for Puerto Rico and
                                the USVI + average annual recreational
                                catch from MRFSS during 2003-2007 for
                                Puerto Rico.
------------------------------------------------------------------------
                          Overfishing Threshold
------------------------------------------------------------------------
Alternative 4(a).............  OFL = MSY proxy; overfishing occurs when
                                annual catches exceed the OFL.
Alternative 4(b).............  OFL = MSY proxy; overfishing occurs when
                                annual catches exceed the OFL, unless
                                NMFS' Southeast Fisheries Science Center
                                (in consultation with the Caribbean
                                Fishery Management Council and its
                                Scientific and Statistical Committee)
                                determines the overage occurred because
                                data collection/monitoring improved,
                                rather than because catches actually
                                increased.
------------------------------------------------------------------------

[[Page 37396]]

 
                    Optimum Yield/Annual Catch Limit
------------------------------------------------------------------------
Alternative 4(c).............  OY = ACL = OFL.
Alternative 4(d).............  OY = ACL = OFL x (0.85).
Alternative 4(e).............  OY = ACL = OFL x (0.75).
Alternative 4(f).............  OY = ACL = OFL x (0.50).
Alternative 4(g).............  OY = ACL = ABC specified by Scientific
                                and Statistical Committee.
Alternative 4(h).............  OY = ACL = 0 (Grouper Units 1 and 2 and/
                                or parrotfish).
------------------------------------------------------------------------

4.2.2 Action 2(b): Queen Conch Complex
    Action 2(b) proposes to redefine management reference points or 
proxies for the queen conch complex. Queen conch is currently 
classified as overfished and subject to overfishing in NMFS' report to 
Congress on the status of U.S. marine fisheries. However, the status of 
this species has not been assessed since the Council and NMFS 
implemented measures to address overfishing through the Comprehensive 
SFA Amendment (CFMC 2005). Queen conch is currently entering the sixth 
year of a rebuilding plan designed to rebuild the stock by 2019.
    Alternative 1. No action. Retain current management reference 
points or proxies for the queen conch complex.

      Table 4.2.6--Current MSY Proxy, OY, and Overfishing Threshold
                       Definitions for Queen Conch
------------------------------------------------------------------------
       Reference point                   Status quo definition
------------------------------------------------------------------------
Maximum Sustainable Yield....  MSY proxy = C/[(FCURR/FMSY) x (BCURR/
                                BMSY)]; where C is calculated based on
                                commercial landings for the years 1997-
                                2001 for Puerto Rico and 1994-2002 for
                                the USVI, and on recreational landings
                                for the years 2000-2001.
Overfishing Threshold........  MFMT = FMSY.
Optimum Yield................  OY = average yield associated with
                                fishing on a
                               continuing basis at FOY; where FOY =
                                0.75FMSY.
------------------------------------------------------------------------

    Discussion: This alternative would retain the present MSY proxy, 
OY, and overfishing threshold definitions specified in the 
Comprehensive SFA Amendment for queen conch. These definitions are 
detailed in Table 4.2.6.
    The current MSY proxy is based on C and on estimates of where stock 
biomass and fishing mortality rates are in relation to MSY levels 
during the period over which catches are averaged. The overfishing 
threshold (MFMT) is defined as a rate of fishing which exceeds that 
which would produce MSY, and OY is defined as the amount of queen conch 
produced by fishing at a rate equal to 75% of that which would produce 
MSY. The numerical values associated with these parameters are provided 
in Table 4.2.2 under the columns titled, ``Alternative 1.''
    The Comprehensive SFA Amendment in which these reference points 
were established pre-dated the MSRA provisions requiring FMPs to 
specify ACLs; consequently, the Comprehensive SFA Amendment did not 
explicitly specify this parameter for managed species/species groups. 
However, the ABC estimates derived from the Council's MSY control rule 
could be considered to represent the ACL of queen conch if no 
additional action were taken to revise management reference points in 
this amendment.
    The average catch estimate used to calculate the MSY proxy was 
derived from commercial landings data recorded during 1997-2001 for 
Puerto Rico and during 1994-2002 for the USVI, and recreational 
landings data recorded during 2000-2001. These time series were 
considered to represent the longest time periods of relatively reliable 
data at the time the Comprehensive SFA Amendment was approved. 
Commercial catch data were derived from trip ticket reports collected 
by the state governments. Recreational catch data for Puerto Rico were 
derived from a two-month MRFSS survey specific for queen conch. 
Recreational catches for the USVI were assumed to equal 50% of USVI 
commercial landings based on information from Valle-Esquivel (pers. 
comm.).
    Because data are insufficient to estimate biomass and fishing 
mortality rates in the U.S. Caribbean, the remaining information needed 
to calculate the MSY proxy was derived from the informed judgment of 
the SFA Working Group regarding whether queen conch was at risk of 
overfishing and/or overfished during the time period when catches were 
averaged. This is the same approach described in Section 4.2.1 for the 
snapper, grouper, and parrotfish complexes. ABC estimates were 
developed using the natural mortality rate of queen conch as a proxy 
for FMSY. The actual yield associated with the current OY 
definition was estimated to equal 93.75% of MSY.
    Alternative 2. (PREFERRED) Redefine management reference points or 
proxies for queen conch based on the longest time series of pre-
Comprehensive SFA Amendment catch data that is considered to be 
consistently reliable across all islands.

[[Page 37397]]



 Table 4.2.7--Management Reference Points or Proxies Proposed for Queen
                        Conch Under Alternative 2
------------------------------------------------------------------------
       Reference point                 Alternative 2 (Preferred)
------------------------------------------------------------------------
Maximum Sustainable Yield....  MSY proxy = average annual commercial
                                catch from 1999-2005 for Puerto Rico and
                                STX and from 2000-2005 for STT/STJ.
------------------------------------------------------------------------
                          Overfishing Threshold
------------------------------------------------------------------------
Alternative 2(a).............  OFL = MSY proxy; overfishing occurs when
                                annual catches exceed the OFL.
Alternative 2(b) (PREFERRED).  OFL = MSY proxy; overfishing occurs when
                                annual catches exceed the OFL, unless
                                NMFS' Southeast Fisheries Science Center
                                (in consultation with the Caribbean
                                Fishery Management Council and its
                                Scientific and Statistical Committee)
                                determines the overage occurred because
                                data collection/monitoring improved,
                                rather than because catches actually
                                increased. (PREFERRED)
------------------------------------------------------------------------
                    Optimum Yield/Annual Catch Limit
------------------------------------------------------------------------
Alternative 2(c).............  OY = ACL = average annual landings from
                                1999-2005 for St. Croix.
Alternative 2(d).............  OY = ACL = average annual landings from
                                1999-2005 for St. Croix x (0.85).
Alternative 2(e).............  OY = ACL = average annual landings from
                                1999-2005 for St. Croix x (0.75).
Alternative 2(f).............  OY = ACL = average annual landings from
                                1999-2005 for St. Croix x (0.50).
Alternative 2(g) (PREFERRED).  OY = ACL = ABC specified by Scientific
                                and Statistical Committee (PREFERRED).
Alternative 2(h).............  OY = ACL = 0.
------------------------------------------------------------------------

    Discussion: Alternative 2 would redefine management reference 
points or proxies for queen conch based on what the Council considers 
to be the longest time series of catch data prior to the implementation 
of the Comprehensive SFA Amendment that is considered reliable across 
all islands. Specific definitions are detailed in Table 4.2.7. The 
Council chose to omit several years of landings data collected in 
Puerto Rico prior to 1999 in favor of selecting a more consistent 
baseline across all islands, noting the inclusion of those earlier 
landings data would not appreciably alter the various reference point 
estimates.
    The MSY proxy specified by Alternative 2 would equate to average 
catch, calculated using commercial landings data from 1999-2005 for 
Puerto Rico and St. Croix and from 2000-2005 for St. Thomas/St. John. 
These data would be derived from trip ticket reports collected by the 
state governments.
    The OFL would be defined as the amount of catch corresponding to 
the MSY proxy, and overfishing would be determined to occur if annual 
catches exceeded the overfishing threshold (Alternative 2(a)) or if 
annual catches exceeded the overfishing threshold and scientists (in 
consultation with managers) attributed the overage to increased catches 
versus improved data collection and monitoring (Alternative 2(b)).
    The OY and ACL would be equal values, and the same socioeconomic 
and ecological tradeoffs would be considered in the determination of 
where to set both of these parameters. Most of the alternative ACL 
definitions considered here are more restrictive than the current OY 
definition and would prevent the fishery from achieving OY as currently 
defined.
    ACL (= OY) Alternatives 2(c) through 2(f) would set those 
parameters equal to some proportion (100-50%) of the average annual 
landings from 1999-2005 for St. Croix to take into account uncertainty, 
ecological factors, and other concerns. Alternative 2(g) would set 
those parameters equal to the 50,000 pound ABC recommended by the 
Council's SSC for queen conch. Alternative 2(h) would set these 
parameters equal to zero, indicating that queen conch take should be 
prohibited to prevent overfishing. Note that the EEZ is closed to queen 
conch harvest west of 64[deg] 34' W, with only the Lang Bank EEZ area 
east of St. Croix open to queen conch harvest in federal waters.
    The specific numerical values associated with the various 
Alternative 2 definitions are described in Table 4.2.2 under the 
columns titled, ``Alternative 2''.
    Alternative 3. Redefine management reference points or proxies for 
queen conch based on the longest time series of catch data that is 
considered to be consistently reliable across all islands.
    Discussion: Alternative 3 would define aggregate management 
reference points or proxies for queen conch based on what the Council 
considers to be the longest time series of catch data that is 
consistently reliable across all islands. Specific definitions are 
detailed in Table 4.2.8.
    The Council chose to omit several years of landings data collected 
in Puerto Rico prior to 1999 in favor of selecting a more consistent 
baseline across all islands, noting the inclusion of those earlier 
landings data would not appreciably alter the various reference point 
estimates.

 Table 4.2.8--Management Reference Points or Proxies Proposed for Queen
                        Conch Under Alternative 3
------------------------------------------------------------------------
       Reference point                       Alternative 3
------------------------------------------------------------------------
Maximum Sustainable Yield....  MSY proxy = average annual commercial
                                catch from 1999-2007 for Puerto Rico and
                                STX and from 2000-2007 for STT/STJ.
------------------------------------------------------------------------
                          Overfishing Threshold
------------------------------------------------------------------------
Alternative 3(a).............  OFL = MSY proxy; overfishing occurs when
                                annual catches exceed the OFL.

[[Page 37398]]

 
Alternative 3(b).............  OFL = MSY proxy; overfishing occurs when
                                annual catches exceed the OFL, unless
                                NMFS' Southeast Fisheries Science Center
                                (in consultation with the Caribbean
                                Fishery Management Council and its
                                Scientific and Statistical Committee)
                                determines the overage occurred because
                                data collection/monitoring improved,
                                rather than because catches actually
                                increased.
------------------------------------------------------------------------
                    Optimum Yield/Annual Catch Limit
------------------------------------------------------------------------
Alternative 3(c).............  OY = ACL = average annual landings from
                                1999-2007 for St. Croix.
 
Alternative 3(d).............  OY = ACL = average annual landings from
                                1999-2007 for St. Croix x (0.85).
 
Alternative 3(e).............  OY = ACL = average annual landings from
                                1999-2007 for St. Croix x (0.75).
 
Alternative 3(f).............  OY = ACL = average annual landings from
                                1999-2007 for St. Croix x (0.50).
 
Alternative 3(g).............  OY = ACL = ABC specified by Scientific
                                and Statistical Committee.
 
Alternative 3(h).............  OY = ACL = 0.
------------------------------------------------------------------------

    The MSY proxy defined by Alternative 3 would equate to average 
catch, calculated using commercial landings data only from 1999-2007 
for Puerto Rico and St. Croix and from 2000-2007 for St. Thomas/St. 
John. These data would be derived from trip ticket reports collected by 
the state governments. Alternative definitions for the overfishing 
threshold, OY, and ACL parameters are the same as those considered 
under Alternative 2. The specific numerical values associated with the 
various Alternative 3 definitions are described in Table 4.2.2 under 
the columns titled, ``Alternative 3''.
    Alternative 4. Redefine management reference points or proxies for 
queen conch based on the most recent five years of available catch 
data.
    Discussion: Alternative 4 would define management reference points 
or proxies for queen conch based on the most recent five years of 
available catch data, as requested by the Council. Specific definitions 
are detailed in Table 4.2.9.

 Table 4.2.9.--Management Reference Points or Proxies Proposed for Queen
                        Conch Under Alternative 4
------------------------------------------------------------------------
       Reference point                       Alternative 4
------------------------------------------------------------------------
Maximum Sustainable Yield....  MSY proxy = average annual commercial
                                catch from 2003-2007 for Puerto Rico and
                                the USVI.
------------------------------------------------------------------------
                          Overfishing Threshold
------------------------------------------------------------------------
Alternative 4(a).............  OFL = MSY proxy; overfishing occurs when
                                annual catches exceed the OFL.
Alternative 4(b).............  OFL = MSY; overfishing occurs when annual
                                catches exceed the OFL, unless NMFS'
                                Southeast Fisheries Science Center (in
                                consultation with the Caribbean Fishery
                                Management Council and its Scientific
                                and Statistical Committee) determines
                                the overage occurred because data
                                collection/monitoring improved, rather
                                than because catches actually increased.
------------------------------------------------------------------------
                    Optimum Yield/Annual Catch Limit
------------------------------------------------------------------------
Alternative 4(c).............  OY = ACL = average annual landings from
                                2003-2007 for St. Croix.
Alternative 4(d).............  OY = ACL = average annual landings from
                                2003-2007 for St. Croix x (0.85).
Alternative 4(e).............  OY = ACL = average annual landings from
                                2003-2007 for St. Croix x (0.75).
Alternative 4(f).............  OY = ACL = average annual landings from
                                2003-2007 for St. Croix x (0.50).
Alternative 4(g).............  OY = ACL = ABC specified by Scientific
                                and Statistical Committee.
Alternative 4(h).............  OY = ACL = 0.
------------------------------------------------------------------------

    The MSY proxy specified by Alternative 4 would equate to average 
catch, calculated using commercial landings data only from 2003-2007 
for Puerto Rico and the USVI. These data would be derived from trip 
ticket reports collected by the state governments. Alternative 
definitions for the overfishing threshold, OY, and ACL parameters are 
the same as those considered under Alternatives 2 and 3. The specific 
numerical values associated with the various Alternative 4 definitions 
are described in Table 4.2.2 under the columns titled, ``Alternative 
4''.

4.3 Action 3: Annual Catch Limit Allocation/Management

4.3.1 Action 3(a): Snapper and grouper unit allocation/management
    Alternative 1. No action. Define reference points for sub-units 
within the snapper and grouper units.

[[Page 37399]]

    Alternative 2. Define aggregate reference points for the snapper 
and grouper units:

    A. Puerto Rico only.
    B. USVI only.
    C. Both Puerto Rico and the USVI.

    Alternative 3. Define aggregate reference points for the grouper 
unit:
    A. Puerto Rico only.
    B. USVI only.
    C. Both Puerto Rico and the USVI.

    Alternative 4. (PREFERRED) Define aggregate reference points for 
snapper and grouper in the USVI and define aggregate reference points 
for grouper but not snapper in Puerto Rico.

    Discussion: Commercial harvest data have been collected from Puerto 
Rico and USVI waters for many decades, but as explained in Section 3.3 
the USVI landings data were generally reported by gear rather than 
species until the late 1990s. As a result of those data limitations, 
USVI commercial landings data only allow analysis to the family-group 
(snapper, grouper, parrotfish) level since calendar year (CY) 1998 for 
St. Croix (STX) and since CY 2000 for St. Thomas and St. John (STT/
STJ). Moreover, at the September 2009 meeting of the Council a motion 
to include only data acquired since CY 1999 was presented and passed. 
Thus, the start date for any analyses included in this amendment is CY 
1999 or later. The rationale for this was because family-level data 
were not available for STT/STJ until CY 2000, so that year represents 
the earliest start date for STT/STJ. The Council also requested that 
landings data for Puerto Rico adhere to this start year limitation 
despite the fact that Puerto Rico data have been reported to species 
for a longer period of time than family level data have been reported 
for USVI landings. For all three island groups, commercial landings 
data were available only through CY 2007 at the time of preparation of 
this document. Thus, the data record for STX and Puerto Rico is 1999-
2007 and for STT/STJ it is 2000-2007. Consequently, reference points 
for snapper and grouper will be based on similar time periods for all 
islands.
    A tangible goal of fisheries management in U.S. Caribbean waters is 
to manage at the level of individual species. Considering the large 
number of species being harvested in U.S. Caribbean waters, and given 
the data limitations discussed above, adequate data with which to 
conduct stock assessments and to set reference points for individual 
species are generally not available for the U.S. Caribbean (SEDAR 
2009). Thus, although it is a worthwhile goal to manage at the level of 
the individual species, in practice this is difficult for many U.S. 
Caribbean species due to data limitations.
4.3.2 Action 3(b): Commercial and recreational sector allocation/
management (Puerto Rico only)
    Alternative 1. No action. Do not specify sector-specific annual 
catch limits.
    Alternative 2. (PREFERRED) Specify separate commercial and 
recreational annual catch limits based on the preferred management 
reference point time series.
    Discussion: Action 3(b) applies only to Puerto Rico waters because 
recreational harvest data are not available for the USVI. In Puerto 
Rico, the MRFSS program has been underway since 2000. That program 
obtains estimates of recreational harvest from statistically based 
telephone surveys and face-to-face intercepts of recreational fishers, 
for finfish species including snapper, grouper, and parrotfish. Queen 
conch is not included in the program.
4.3.3 Action 3(c): Geographic allocation/management
    Alternative 1. No Action. Maintain U.S. Caribbean-wide reference 
points.
    Alternative 2. (PREFERRED) Divide and manage annual catch limits by 
island group (i.e., Puerto Rico, STT/STJ, STX) based on the preferred 
management reference point time series (Table 4.3.1 and Action 2).
    A. (PREFERRED) Use a mid-point or equidistant method for dividing 
the EEZ among islands.
    B. Use a straight line approach for dividing the EEZ among islands.
    C. Use the St. Thomas Fishermen's Association line.
    Discussion: Action 3(c) addresses the opportunity to partition the 
EEZ consistent with the allocation of fishing regulations among the 
islands (Puerto Rico and STX) or island groups (STT/STJ). Partitioning 
management among the described islands or island groups has been 
expressed as a desire of local fishers, the fishing community, and the 
local governments. Those entities emphasize differences among the 
islands in terms of culture, markets, gear preferences, and seafood 
preferences as the basis for such a management regime.
    Table 4.3.1. Average annual landings in pounds of conch, 
parrotfish, snapper, and grouper from each of Puerto Rico, St. Thomas/
St. John, and St. Croix for each of the year-sequence (1999-2005, 1999-
2007, 2003-2007) alternatives discussed in Action 2 of this amendment. 
Snapper and grouper FMUs are based upon the proposed species 
composition as described in Table 4.1.1. Also included are averages for 
2006-2007, the two available post-Comprehensive SFA Amendment years, 
for comparison with the year-sequence alternatives. Table A summarizes 
Puerto Rico commercial landings, Table B summarizes Puerto Rico 
recreational landings in pounds (numbers of fish reported are in 
parentheses), Table C summarizes St. Thomas/St. John commercial 
landings, Table D summarizes St. Croix commercial landings, and Table E 
provides the summary totals.

----------------------------------------------------------------------------------------------------------------
          FMU/Year sequence               1999-2005          1999-2007          2003-2007          2006-2007
----------------------------------------------------------------------------------------------------------------
                                   (A) Puerto Rico average commercial landings
----------------------------------------------------------------------------------------------------------------
Conch...............................            403,349            369,298            384,584            250,122
Parrotfish..........................            127,980            111,614            101,084             54,332
Snapper:
    Unit 1..........................            334,923            294,118            240,463            151,300
    Unit 2..........................            171,666            167,075            192,721            151,007
    Unit 3..........................            406,794            357,281            321,952            183,987
    Unit 4..........................            439,171            394,787            351,629            239,445
    Unclassified....................             80,114             71,001             64,930             39,104
 
        Total.......................          1,432,668          1,284,262          1,171,695            764,843
Grouper:
    Unit 1..........................             17,469             14,066              7,423              2,152
    Unit 2..........................                735                572                995                  0
    Unit 3..........................            112,875             95,626             79,201             35,254

[[Page 37400]]

 
    Unit 4..........................              5,720              5,035              4,710              2,641
    Unit 5..........................              9,477              9,356             10,138              8,929
    Unclassified....................             62,563             54,138             44,474             24,649
 
        Total.......................            208,839            178,793            146,941             73,625
----------------------------------------------------------------------------------------------------------------
                                  (B) Puerto Rico average recreational landings
----------------------------------------------------------------------------------------------------------------
Conch...............................                N/A                N/A                N/A                N/A
Parrotfish..........................    37,042 (22,128)    29,464 (17,853)    25,650 (13,726)      6,730 (5,027)
Snapper:
    Unit 1..........................   112,384 (97,879)  135,565 (112,851)  133,829 (120,137)  205,109 (157,768)
    Unit 2..........................     40,953 (9,250)     32,846 (7,860)     16,477 (6,027)      8,528 (3,690)
    Unit 3..........................    97,833 (91,793)    90,649 (92,272)    83,372 (80,233)    69,097 (93,711)
    Unit 4..........................    33,540 (32,783)    29,307 (32,071)    29,587 (34,226)    16,607 (29,935)
    Unclassified....................      8,130 (6,336)      6,098 (4,752)              0 (0)              0 (0)
 
        Total.......................  292,840 (238,041)  294,465 (249,806)  263,265 (240,623)  299,341 (285,104)
Grouper:
    Unit 1..........................        6,172 (574)        7,975 (915)     11,251 (1,289)     13,383 (1,937)
    Unit 2..........................        6,501 (716)        4,875 (537)              0 (0)              0 (0)
    Unit 3..........................   72,063 (108,149)    62,994 (91,529)    69,430 (98,691)    35,788 (41,671)
    Unit 4..........................        4,581 (306)        4,945 (367)        6,162 (437)        6,035 (548)
    Unit 5..........................        1,522 (349)        1,142 (262)        1,361 (330)              0 (0)
    Unclassified....................                  0                  0                  0                  0
 
        Total.......................   90,839 (110,094)    81,931 (93,610)   88,204 (100,747)    55,206 (44,156)
----------------------------------------------------------------------------------------------------------------
                               (C) St. Thomas/St. John average commercial landings
----------------------------------------------------------------------------------------------------------------
Conch...............................              1,649              1,876              1,981              2,557
Parrotfish..........................             48,818             47,245             49,353             42,528
Snapper.............................            157,382            159,594            156,792            166,231
Grouper.............................             60,999             59,952             64,201             56,812
----------------------------------------------------------------------------------------------------------------
                                    (D) St. Croix average commercial landings
----------------------------------------------------------------------------------------------------------------
Conch...............................            107,720            116,899            138,587            149,026
Parrotfish..........................            293,219            308,333            336,114            361,229
Snapper.............................            121,113            123,217            134,046            130,581
Grouper.............................             35,806             34,177             37,832             28,475
----------------------------------------------------------------------------------------------------------------
                     (E) Summary U.S. Caribbean average commercial and recreational landings
----------------------------------------------------------------------------------------------------------------
Conch...............................            512,718            488,073            525,152            401,705
Parrotfish..........................            507,059            496,656            512,201            464,819
Snapper.............................          2,004,003          1,861,538          1,725,798          1,360,996
Grouper.............................            396,483            354,853            337,178            214,118
----------------------------------------------------------------------------------------------------------------

BILLING CODE 3510-22-P

[[Page 37401]]

[GRAPHIC] [TIFF OMITTED] TN29JN10.065

BILLING CODE 3510-22-C

4.4 Action 4: Management Measures

4.4.1 Action 4(a): Species-Specific Parrotfish Prohibitions
    Alternative 1. No action. Do not establish species-specific 
prohibitions on parrotfish harvest.
    Alternative 2. (PREFERRED) Prohibit fishing for or possessing in 
the EEZ:
    A. Midnight parrotfish.
    B. Blue parrotfish.
    C. Rainbow parrotfish.
    Discussion: Action 4(a) addresses concerns regarding the harvest of 
parrotfish, particularly the three largest species of parrotfish 
(midnight, blue, rainbow) that occur in U.S. Caribbean waters. 
Regarding those three large parrotfish, concern relates to the 
potential overharvest of these species due to their combination of 
large body size, a high susceptibility to spear gear and fish traps 
(Mumby et al. 2006), resultant relatively low resilience, and lack of 
abundance compared with most

[[Page 37402]]

parrotfish occupying U.S. Caribbean waters (Table 4.4.1).

                                       Table 4.4.1--Biological Characteristics of Common U.S. Caribbean Parrotfish
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Depth
             Common name                   Genus/species       Max size   range    Population doubling         Resilience               Abundance
                                                                 (cm)      (m)            time
--------------------------------------------------------------------------------------------------------------------------------------------------------
Blue parrotfish.....................  Scarus coeruleus......        120    3-25  1.4-4.4 yrs...........  Medium................  occasional
Midnight parrotfish.................  Scarus coelestinus....         77    5-75  1.4-4.4 yrs...........  Medium................  occasional
Rainbow parrotfish..................  Scarus guacamaia......        120    3-25  1.4-4.4 yrs...........  Medium................  occasional
Queen parrotfish....................  Scarus vetula.........         61    3-25  <15 months............  High..................  common
Princess parrotfish.................  Scarus taeniopterus...         35    2-25  <15 months............  High..................  common
Striped parrotfish..................  Scarus iseri..........         35    3-25  <15 months............  High..................  common
Redband parrotfish..................  Sparisoma aurofrenatum         28    2-20  1.4-4.4 years.........  Medium................  common
Redfin parrotfish...................  Sparisoma rubripinne..         48    1-15  <15 months............  High..................  common
Redtail parrotfish..................  Sparisoma chrysopterum         46    1-15  <15 months............  High..................  common
Stoplight parrotfish................  Sparisoma viride......         64    3-50  1.4-4.4 years.........  Medium................  common
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Humann 1994 and http://www.fishbase.com.

4.4.2 Action 4(b): Recreational Bag Limits
    Alternative 1. No action. Do not establish bag limit restrictions 
on recreational reef fish harvest.
    Alternative 2. Specify a 10-fish aggregate bag limit per person 
(would not apply to a fisherman who has a valid commercial fishing 
license issued by Puerto Rico or the USVI) for:
    A. Species in the Snapper FMU.
    B. Species in the Grouper FMU.
    C. Species in the Parrotfish FMU.
    Alternative 3. Specify a 5-fish aggregate bag limit per person 
(would not apply to a fisherman who has a valid commercial fishing 
license issued by Puerto Rico or the USVI) for:
    A. Species in the Snapper FMU.
    B. Species in the Grouper FMU.
    C. Species in the Parrotfish FMU.
    Alternative 4. Specify a 2-fish aggregate bag limit per person 
(would not apply to a fisherman who has a valid commercial fishing 
license issued by Puerto Rico or the USVI) for:
    A. Species in the Snapper FMU.
    B. Species in the Grouper FMU.
    C. Species in the Parrotfish FMU.
    Alternative 5. Establish a 0-fish aggregate bag limit per person 
(would not apply to a fisherman who has a valid commercial fishing 
license issued by Puerto Rico or the USVI) for species in the 
Parrotfish FMU.
    Alternative 6. Establish a vessel limit (would not apply to a 
fisherman who has a valid commercial fishing license issued by Puerto 
Rico or the USVI) equivalent to the combined bag limit of:
    A. Two fishers.
    B. Three fishers.
    C. Four fishers.
    Alternative 7. (PREFERRED) Establish an aggregate bag limit for 
snapper, grouper and parrotfish FMUs of: 10 per fisher including not 
more than two parrotfish per fisher or six parrotfish per boat, and 30 
aggregate snapper, grouper, and parrotfish per boat on a fishing day.
    Discussion: As noted in Action 3(b) above, there is concern on the 
part of recreational fishing interests in the U.S. Caribbean that a 
conglomerate annual catch limit for the recreational and commercial 
sectors could create an unfair and economically untenable situation for 
the recreational fishers, particularly charter boat interests. The 
concern of the recreational fisher is that, in the race for a single 
quota, the commercial sector would dominate and there would be 
substantial losses of socioeconomic benefits to the recreational sector 
because the combined fishery would close before recreational fishers 
could achieve their historic average annual landings. It was therefore 
suggested at the December 2009 meeting of the Council, and a motion 
passed, to establish recreational bag limits for the U.S. Caribbean 
EEZ. Action 4(b) addresses the establishment of recreational bag 
limits. The goal of implementing bag limits would be to, when coupled 
with sector-specific (i.e., recreational and commercial) ACLs, ensure 
that the recreational ACL for each complex is not exceeded until as 
near as possible to the end of the calendar year.

4.5 Action 5: Accountability Measures

    Accountability Measures (AMs) are defined as management controls to 
prevent ACLs, including sector-specific ACLs, from being exceeded, and 
to correct or mitigate overages of the ACL if they occur (74 FR 3180).
4.5.1 Action 5(a): Triggering Accountability Measures
    Action 3 includes alternatives to establish and allocate ACLs. If 
an ACL is exceeded, AM alternatives are provided to redress overages. 
Action 5 alternatives are presented in two parts, the first of which 
addresses the triggering of AMs and the second of which addresses the 
actual actions needed to redress overages.
    Alternative 1. No Action. Do not trigger AMs.
    Discussion: This alternative would maintain present status and no 
trigger to put into place corrective action would be set. Consequently, 
Alternative 1 would not achieve MSA compliance.
    Alternative 2. Trigger AMs if the annual catch limit is exceeded 
based upon:
    A. A single year of landings beginning with landings from 2010.
    B. A single year of landings beginning with landings from 2010, 
then a 2-year running average of landings in 2011 (average of 
2010+2011) and thereafter (i.e., 2010, 2010-2011, 2011-2012, etc.).
    C. A single year of landings beginning with landings from 2010, a 
2-year average of landings in 2011 (average of 2010+2011), then a 3-
year running average of landings in 2012 (average of 2010+2011+2012) 
and thereafter (i.e., 2010, 2010-2011, 2010-2012, 2011-2013, etc.).
    Discussion: Alternative 2A would trigger AMs based on a single year 
of landings beginning in 2010. By adopting this alternative, the 
decision as to whether the ACL has been exceeded would be based on one 
year of landings data. Currently, the process used to consolidate or 
summarize landings data (i.e., available for use) takes approximately 
two years. The landings data is initially acquired from fishers through 
each local government's fishery statistics program (often referred to 
as trip tickets in Puerto Rico and Commercial Catch Reports in the 
USVI), is proofed by the local government, and electronically 
transferred to the SEFSC.

[[Page 37403]]

The DPNER and the VIDPNR require commercial fishers to report landings 
or trip tickets monthly. Upon receipt, the SEFSC formats and stores 
landings data files and provides them to scientists and managers upon 
request for analysis or decision making. There may be as much as a two-
year lag between the time catches are recorded and the data are 
released for management applications. For Alternative 2A, when landings 
data become available, they represent a single point of comparison to 
the established ACL. Consequently, the first one-year comparison to the 
originally established ACL should occur in 2012 or 2013. After that 
point in time, annual single-point comparisons can be made to existing 
ACLs.
    In order to overcome the challenges of monitoring highly variable 
landings, Alternative 2B would trigger AMs based on a single year of 
landings beginning in 2010, and then a 2-year running average of 
landings in 2011 (average of 2010 + 2011) and thereafter (2010, 2010-
2011, 2011-2012, etc.). Using the process described for Alternative 2A, 
the information might not be available for consideration until 2013 or 
2014. By adopting this alternative, the decision as to whether the ACL 
has been exceeded would initially be based on landings from a single 
year but subsequent year comparisons would be based on two-year landing 
sets. Landings data can be highly variable; therefore, comparing 
average landings with the ACL can buffer peaks in landings, which may 
be a function of sampling or reporting rather than true estimation of 
actual harvest. While such a comparison is more robust than 
Alternatives 1 and 2A, a two-year average provides little information 
with regard to precision of the comparison.
    Similar to Alternative 2B, Alternative 2C would trigger AMs based 
on a single year of landings beginning in 2010, then a 2-year average 
of landings in 2011 (average of 2010 + 2011), then a 3-year average of 
landings effective 2012 and thereafter (i.e., 2010, 2010-2011, 2010-
2012, 2011-2013, etc.). Using the process described for Alternative 2A, 
the information might not be available for consideration until 2013 or 
2014. By adopting this alternative, the decision as to whether the ACL 
for each species/species group has been exceeded would initially be 
based on landings from a single year but in 2011 the comparison would 
be based on a two-year landing set (2010-2011), and subsequent 
comparisons would be based on 3-year landing sets (2010-2012, 2011-
2013, etc.). Such a comparison is more robust than Alternatives 2A and 
2B because it provides more information than a 1- or 2-year landings 
average with regard to precision of the comparison. Alternatives 2B and 
2C prescribe a sound method for dealing with data uncertainty and 
provide a means by which any ACL overages may be accounted for in 
subsequent fishing years.
    Alternative 3. (PREFERRED) Trigger AMs if the annual catch limit is 
exceeded as defined below and NMFS' SEFSC (in consultation with the 
Caribbean Fishery Management Council and its Scientific and Statistical 
Committee) determines the overage occurred because catches increased 
versus data collection/monitoring improved:
    A. A single year of landings effective beginning 2010.
    B. A single year of landings effective beginning 2010, then a 2-
year running average of landings effective 2011 and thereafter (i.e., 
2010, 2010-2011, 2011-2012, etc.).
    C. (PREFERRED) A single year of landings effective beginning 2010, 
a 2-year running average of landings effective 2011, then a 3-year 
running average of landings effective 2012 and thereafter (i.e., 2010, 
2010-2011, 2010-2012, 2011-2013, etc.).
    Discussion: The explanation of Alternative 3 is similar to that for 
Alternative 2 above with the addition of a consultation between the 
SEFSC, the SSC, and Council prior to the decision to determine whether 
an overage occurred. A data collection improvement program is under 
development by the SEFSC and is focused to provide more precise and 
accurate fishery landings information for the U.S. Caribbean, and there 
is a real possibility that more accurate and comprehensive landings 
data will be collected for each island mass. For Alternatives 3A-C a 
determination will have to be made to examine whether an overrun of the 
ACL was due to increased catches by fishers or to improved data 
collection/monitoring efforts. The SEFSC and the SSC will provide an 
analysis of the information and consult with the Council before any 
determination is made. A single year of landings beginning in 2010 will 
be the basis for the initial consultation and subsequent determination 
regarding the cause of any ACL overage.
    Alternative 3B is similar to Alternative 3A except that after the 
initial single-year comparison (2010 information with established 
ACLs), then a 2-year running average of landings will begin in 2011 and 
thereafter (i.e., 2010, 2010-2011, 2011-2012, etc.).
    Alternative 3C is similar to Alternative 3B except that after the 
initial single-year comparison (2010 information with established 
ACLs), and a 2-year running average of landings comparison will be made 
in 2011 (i.e., 2010, 2010-2011), after which a 3-year running average 
of landings will begin in 2012 and thereafter (i.e., 2010, 2010-2011, 
2010-2012, 2011-2013, etc.). Using two or three year running averages 
of landings (Alternatives 3B and 3C) would provide a mechanism to deal 
with data uncertainty that may be due to reporting errors, 
underreporting, and highly variable landings.
4.5.2 Action 5(b): Applying Accountability Measures
    Alternative 1. No Action. Do not apply AMs.
    Alternative 2. (PREFERRED) If AMs are triggered, then reduce the 
length of the fishing season for that species or species group the year 
following the trigger determination by the amount needed to prevent 
such an overage from occurring again. The needed changes will remain in 
effect until modified.
    Alternative 3. If AMs are triggered, then reduce the length of the 
fishing season for that species or species group the year following the 
trigger determination by the amount needed to prevent such an overage 
from occurring again and to pay back the overage. The needed changes 
will remain in effect until modified.
    Discussion: Alternative 1 would not apply AMs when the ACL is 
exceeded and, consequently, would not comply with MSA provisions. 
Therefore, this is not a viable option when considering AMs. Reducing 
the length of the fishing season by the amount needed to pay back the 
overage in addition to shortening the season length to prevent a future 
overage (Alternative 3) would likely have a greater biological benefit 
than only reducing the length of the fishing season as specified in 
Alternative 2. However, AMs that shorten the fishing season can 
increase the magnitude of regulatory discards and may not be as 
effective as AMs that lower the target level but still allow some 
catch.

4.6 Action 6: Framework Measures

4.6.1 Action 6(a): Establish Framework Measures for Reef Fish FMP
    Alternative 1: No Action. Do not amend the framework measures for 
the Reef Fish FMP
    Alternative 2: Amend the framework procedures for the Reef Fish FMP 
to provide a mechanism to expeditiously adjust the following reference 
points

[[Page 37404]]

and management measures through framework action:
    a. Quota Requirements.
    b. Seasonal Closures.
    c. Area Closures.
    d. Fishing Year.
    e. Trip/Bag Limit.
    f. Size Limits.
    g. Gear Restrictions or Prohibitions.
    h. . Fishery Management Units (FMUs).
    i. Total Allowable Catch (TAC).
    j. Annual Catch Limits (ACLs).
    k. Accountability Measures (AMs).
    l. Annual Catch Targets (ACTs).
    m. Maximum Sustainable Yield (MSY).
    n. Optimum Yield (OY).
    o. Minimum Stock Size Threshold (MSST).
    p. Maximum Fishing Mortality Threshold (MFMT).
    q. Overfishing Limit (OFL).
    r. Acceptable Biological Catch (ABC) control rules.
    s. Actions To Minimize the Interaction of Fishing Gear With 
Endangered Species or Marine Mammals.
    Alternative 3: Amend the framework procedures for the Reef Fish FMP 
to provide the Council with a mechanism to expeditiously adjust a 
subset of management measures outlined in Alternative 2.
4.6.2 Action 6(b): Establish Framework Measures for Queen Conch FMP
    Alternative 1: No Action. Do not amend the framework measures for 
the Queen Conch FMP.
    Alternative 2: Amend the framework procedures for the Queen Conch 
FMP to provide a mechanism to expeditiously adjust the following 
reference points and management measures through framework action:
    a. Quota Requirements.
    b. Seasonal Closures.
    c. Area Closures.
    d. Fishing Year.
    e. Trip/Bag Limit.
    f. Size Limits.
    g. Gear Restrictions or Prohibitions.
    h. Total Allowable Catch (TAC).
    i. Annual Catch Limits (ACLs).
    j. Accountability Measures (AMs).
    k. Annual Catch Targets (ACTs).
    l. Maximum Sustainable Yield (MSY).
    m. Optimum Yield (OY).
    n. Minimum Stock Size Threshold (MSST).
    o. Maximum Fishing Mortality Threshold (MFMT).
    p. Overfishing Limit (OFL).
    q. Acceptable Biological Catch (ABC) control rules.
    r. Actions To Minimize the Interaction of Fishing Gear With 
Endangered Species or Marine Mammals.
    Alternative 3: Amend the framework procedures for the Queen Conch 
FMP to provide the Council with a mechanism to expeditiously adjust a 
subset of management measures outlined in Alternative 2.
    Discussion: In order to modify regulations, the Council generally 
must follow the FMP amendment procedure which takes longer to implement 
than if the Council had the availability of a framework process. The 
current process for amending a FMP is not the most expedient possible 
for making timely preseason, in season, or other adjustments (see the 
above list) to management measures. However, this amendment establishes 
a process to make changes in a more expeditious manner via a regulatory 
amendment. Regulatory amendments can be implemented in a shorter period 
of time than plan amendments because the level of public participation 
is not as extensive as for the full plan amendment process. In order to 
complete a regulatory amendment, a framework section must be 
established for each FMP to which changes will be made.
    Action 6 lists the framework measures which may be adjusted under 
regulatory amendment. This discussion section describes a framework 
procedure and how each might be achieved. Such a procedure will provide 
the Council with a mechanism to make management changes in the queen 
conch or reef fish fisheries in a more timely fashion than provided 
through the FMP amendment process.
    Establish an assessment group and adjustments:
    The following discussion outlines the procedure by which the 
Council may make management changes through regulatory amendment. As 
previously discussed, the purpose of frameworks and regulatory 
amendments is to provide the most responsive and efficient 
modifications to management measures. If an additional review process 
was included, there could be substantial delays, thus resulting in a 
longer lag time between identification of a problem and implementation 
of a response.
    1. When the Council determines that management measures require 
modification, the Council will appoint an assessment group (Group) that 
will assess the condition of species in the reef fish or queen conch 
management units (including periodic economic and sociological 
assessments as needed). The Group will present a report of its 
assessment and recommendations to the Council.
    2. The Council will consider the report and recommendations of the 
Group and hold public hearings at a time and place of the Council's 
choosing to discuss the Group's report. The Council may convene its 
Scientific and Statistical Committee to provide advice prior to taking 
final action. After receiving public input, the Council will make 
decisions on the need for change.
    3. If changes to management regulations are needed, the Council 
will advise the Regional Administrator (RA) in writing of its 
recommendations accompanied by the Group's report (where appropriate), 
relevant background material, draft regulations, Regulatory Impact 
Review, and public comments.
    4. The RA will review the Council's recommendations, supporting 
rationale, public comments, and other relevant information. If the RA 
concurs that the Council's recommendations are consistent with the 
goals and objectives of the fishery management plan, the national 
standards, and other applicable laws, the RA will recommend that the 
Secretary take appropriate regulatory action for the reef fish or queen 
conch fisheries on such date as may be agreed upon with the Council.
    5. Should the RA reject the recommendations, the RA will provide 
written reasons to the Council for the rejection, and existing measures 
will remain in effect until the issue is resolved.
    6. Appropriate adjustments that may be implemented by the Secretary 
include:
    a. Specification of Maximum Sustainable Yield (MSY) or MSY proxy 
and subsequent adjustment where this information is available;
    b. Specification of an Acceptable Biological Catch (ABC) control 
rule and subsequent adjustment where this information is available;
    c. Specification of TAC and subsequent adjustment where this 
information is available;
    d. Specification of Annual Catch Limits (ACLs) and subsequent 
adjustment;
    e. Specification of AMs and subsequent adjustment;
    f. Specification of Optimum Yield (OY) and subsequent adjustment 
where this information is available;
    g. Specification of Minimum Stock Size Threshold (MSST) and 
subsequent adjustment;
    h. Specification of Maximum Fishing Mortality Threshold (MFMT) or 
Overfishing Level (OFL) and subsequent adjustment;

[[Page 37405]]

    i. Specification (or modification) of quotas (including zero 
quotas), trip limits, bag limits (including zero bag limits), minimum 
size limits, gear restrictions (ranging from modifying current 
regulations to a complete prohibition), season/area closures (including 
spawning closures), and fishing year;
    j. Initial specification and subsequent adjustment of biomass 
levels and age structured analyses.
    Authority is granted to the RA to close any fishery, i.e. revert 
any bag limit to zero and close any commercial fishery, once a quota 
has been established through the procedure described above and such 
quota has been filled.
    If the NMFS decides not to publish the proposed rule of the 
recommended management measures, or to otherwise hold the measures in 
abeyance, then the RA must notify the Council of its intended action 
and the reasons for NMFS's concern, along with suggested changes to the 
proposed management measures that would alleviate the concerns. Such 
notice shall specify: (1) The applicable law with which the amendment 
is inconsistent; (2) the nature of such inconsistencies; and (3) 
recommendations concerning the action that could be taken by the 
Council to conform the amendment to the requirements of applicable law.

    Dated: June 24, 2010.
Tracey L. Thompson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-15778 Filed 6-28-10; 8:45 am]
BILLING CODE 3510-22-P