[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Proposed Rules]
[Pages 62488-62497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25643]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0907271173-0475-02]
RIN 0648-AY11


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 17B

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS issues this proposed rule to implement Amendment 17B to 
the Fishery Management Plan for the Snapper-Grouper Fishery of the 
South Atlantic Region (FMP), as prepared and submitted by the South 
Atlantic Fishery Management Council (Council). This proposed rule 
would, for South Atlantic snapper-grouper, establish annual catch 
limits (ACLs), and accountability measures (AMs) for eight snapper-
grouper species undergoing overfishing; modify management measures to 
limit total mortality of those species to the ACL; and add ACLs, annual 
catch targets (ACTs), and AMs to the management measures that may be 
amended via the framework procedure. This proposed rule is intended to 
address overfishing of eight snapper-grouper species while maintaining 
catch levels consistent with achieving optimum yield.

DATES: Written comments on this proposed rule must be received no later 
than 5 p.m., Eastern Time, on November 26, 2010.

ADDRESSES: You may submit comments, identified by RIN 0648-AY11, by any 
one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal http://www.regulations.gov.
     Mail: Kate Michie, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
    Instructions: No comments will be posted for public viewing until 
after the

[[Page 62489]]

conclusion of the comment period. All comments received are a part of 
the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, enter ``NOAA-NMFS-2010-0091'' in the keyword 
search, then check the box labeled ``Select to find documents accepting 
comments or submissions'', then select ``Send a Comment or 
Submission.'' NMFS will accept anonymous comments. Enter N/A in the 
required field if you wish to remain anonymous. Attachments to 
electronic comments will be accepted in Microsoft Word, Excel, 
WordPerfect, or Adobe PDF file formats only.
    Comments received through means not specified in this rule will not 
be considered.
    Copies of Amendment 17B may be obtained from the South Atlantic 
Fishery Management Council, 4055 Faber Place, Suite 201, North 
Charleston, SC 29405; phone: 843-571-4366 or 866-SAFMC-10 (toll free); 
fax: 843-769-4520; e-mail: [email protected]. Amendment 17B includes an 
Environmental Assessment (EA), an Initial Regulatory Flexibility 
Analysis (IRFA), a Regulatory Impact Review, and a Social Impact 
Assessment/Fishery Impact Statement.

FOR FURTHER INFORMATION CONTACT: Kate Michie, telephone: 727-824-5305.

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

Background

    The 2006 revisions to the Magnuson-Stevens Act require that by 
2010, FMPs for the fisheries determined by the Secretary to be subject 
to overfishing must establish a mechanism of specifying ACLs at a level 
that prevents overfishing and does not exceed the fishing level 
recommendation of the respective Council's Scientific and Statistical 
Committee or other established peer review processes.
    In the South Atlantic snapper-grouper fishery there are nine 
species currently undergoing overfishing including: speckled hind, 
warsaw grouper, snowy grouper, golden tilefish, black sea bass, red 
grouper, gag, vermilion snapper, and red snapper. Amendment 17B 
includes actions to establish ACLs for eight of these species, as well 
as black grouper, which is neither overfished nor undergoing 
overfishing. Red snapper overfishing is being addressed separately in 
Amendment 17A to the FMP.
    An ACL is the level of annual catch of a stock or stock complex 
that is set to prevent overfishing from occurring. An ACL that is met 
or exceeded serves the basis for triggering an AM. ACLs may incorporate 
management and scientific uncertainty, and take into account the amount 
of data available and level of vulnerability to overfishing for each 
species. Separate ACLs may be established for each sector of a fishery, 
i.e., commercial and recreational. However, the combined total of all 
sector ACLs may not exceed the total ACL for a species or species 
complex.

Management Measures Contained in This Proposed Rule

Speckled Hind and Warsaw Grouper

ACLs

    For specked hind and warsaw grouper, the proposed ACL is zero 
(landed catch). This ACL would prohibit all harvest and possession of 
speckled hind and warsaw grouper regardless of the depth where they are 
caught. In order to maintain an ACL of zero for these two species, all 
fishing for and possession of deepwater snapper-grouper species (snowy 
grouper, blueline tilefish, yellowedge grouper, misty grouper, queen 
snapper, and silk snapper) would be prohibited beyond a depth of 240 ft 
(73 m). By prohibiting harvest and possession of these co-occurring 
species, fishing mortality of speckled hind and warsaw grouper is 
expected to decrease.

Golden Tilefish

Allocations

    In order to set sector ACLs for golden tilefish, the Council first 
designated appropriate sector allocations for the species. The 
recreational and commercial allocations were based on landings data 
from the Accumulated Landings System, Marine Recreational Fishing 
Statistics Survey, and headboat databases. The allocations would be 
defined using the following formula for each sector: Sector 
apportionment = (50 percent * average of long catch range (lb) 1986-
2008) + (50 percent * average of recent catch trend (lb) 2006-2008). 
The allocation would be 97 percent commercial and 3 percent 
recreational.
    Amendment 15B defined MSY as the yield produced by FMSY 
(fishing mortality at maximum sustainable yield), which is considered a 
fixed fishing exploitation rate. The value of maximum sustainable yield 
(MSY) for golden tilefish is 300, 379 lb (136, 250 kg) gutted weight. 
Beginning in 2010, and corresponding to the yield at FMSY, 
the commercial allocation would be 291,369 lb (132,160 kg) gutted 
weight and the recreational allocation would be 1,625 fish (derived 
from 9,011 lb (4,078 kg)). The conversion rate of recreational pounds 
to the number of fish is 5.545. The commercial and recreational 
allocations specified in 2010 would remain in effect beyond 2010 until 
modified.

ACLs

    Separate ACLs are proposed for the commercial and recreational 
sectors for golden tilefish. The ACLs would be based on the yield 
associated with FOY (fishing mortality at optimum yield). 
Amendment 15B defined optimum yield (OY) as the yield at 75 percent of 
FMSY, which is equal to FOY. Therefore, the 
commercial and recreational ACLs would be reduced from the allocation 
values of 291,369 lb (132,160 kg) gutted weight, and 1,625 fish, 
respectively, to 282,819 lb (128,284 kg) gutted weight, and 1,578 fish, 
respectively.

AMs

    Proposed AMs for golden tilefish would be applied separately for 
each sector. The commercial sector AM for golden tilefish is the 
previously-implemented quota closure provision that would prohibit the 
harvest and possession of golden tilefish when the ACL is met or 
projected to be met. All purchase and sale would then be prohibited, 
and the prohibition on harvest would apply to all federally permitted 
vessels regardless of where the golden tilefish are caught, i.e., in 
state or Federal waters. If the recreational ACL is met or exceeded, 
the post-season AM for golden tilefish would reduce the length of the 
following fishing season by the amount necessary to ensure landings do 
not exceed the recreational sector ACL in the following fishing year. 
For this post-season AM, NMFS would compare the recreational ACL with 
recreational landings over a range of years. For 2010, only 2010 
landings would be used. For 2011, average landings for 2010 and 2011 
would be used. For 2012 and beyond, the most recent 3-year running 
average would be used.

[[Page 62490]]

Snowy grouper

ACLs

    The commercial quota and recreational allocation for snowy grouper 
established in Amendment 15B to the FMP would be designated as the 
commercial and recreational ACLs, respectively, for snowy grouper 
through Amendment 17B. The snowy grouper ACL would be 82,900 lb (37,603 
kg) gutted weight, and the recreational ACL for snowy grouper would be 
523 fish.

AMs

    The commercial sector AM for snowy grouper is the previously-
implemented quota closure provision that would prohibit the harvest and 
possession of snowy grouper when the ACL is met or projected to be met. 
All purchase and sale would then be prohibited, and the prohibition on 
harvest would apply to all federally permitted vessels regardless of 
where the snowy grouper are caught, i.e., in state or Federal waters.
    In order to maintain the snowy grouper harvest level at or below 
the recreational ACL, the recreational AM would reduce the snowy 
grouper bag limit from one fish per person per day to one fish per 
vessel per day. If the recreational ACL is met or exceeded, the post-
season AM for snowy grouper would be to reduce the length of the 
following fishing season by the amount necessary to ensure landings do 
not exceed the recreational sector ACL in the following fishing year. 
For this post-season AM, NMFS would compare the recreational ACL with 
recreational landings over a range of years. For 2010, only 2010 
landings would be used. For 2011, average landings for 2010 and 2011 
would be used. For 2012 and beyond, the most recent 3-year running 
average would be used.

Gag

ACLs

    The commercial quota and recreational allocation for gag 
established in Amendment 16 to the FMP would be designated as the 
commercial and recreational ACLs, respectively, for gag through 
Amendment 17B. The commercial ACL for gag would be 352,940 lb (160,091 
kg) gutted weight, and the recreational ACL for gag would be 340,060 lb 
(154,249 kg) gutted weight.

AMs

    The commercial AM for gag is the previously-implemented quota 
closure provision that would prohibit the harvest and possession of gag 
when the ACL for the species is met or projected to be met. All 
purchase and sale would then be prohibited, and the prohibition on 
harvest would apply to all federally permitted vessels regardless of 
where the gag are caught, i.e., in state or Federal waters. The 
recreational AM for gag would compare the recreational ACL for the 
species with landings over a range of years. For 2010, only 2010 
landings would be used. For 2011, 2010 and 2011 landings would be used. 
For 2012 and beyond, a 3-year running average would be used. If gag are 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, and the sector ACL is met or projected to be met, harvest and 
retention of the species would be prohibited. If the sector ACL is 
exceeded, independent of stock status, the NMFS Assistant Administrator 
(AA) would file a notification with the Office of the Federal Register, 
at or near the beginning of the following fishing year, to reduce the 
sector ACL for that fishing year by the amount of the overage.

Gag, Black and Red Grouper Aggregate

ACLs

    A species group ACL is proposed for gag, black grouper, and red 
grouper. The commercial species group ACL or the gag commercial ACL 
would be used to trigger an AM for the species group. The species group 
commercial ACL for gag, black grouper, and red grouper combined would 
be 662,403 lb (300,461 kg) gutted weight, and the species group 
recreational ACL would be 648,663 lb (294,229 kg) gutted weight. These 
values are equivalent to the expected catch resulting from the 
implementation of the commercial quota for gag (designated as the 
commercial ACL in Amendment 17B) and the bag limits for black and red 
grouper specified in Amendment 16 to the FMP.

AMs

    When either the gag ACL or the gag, black grouper, and red grouper 
aggregate ACL is met or projected to be met, commercial harvest and 
possession of all South Atlantic shallow-water groupers (gag, black 
grouper, red grouper, scamp, red hind, rock hind, yellowmouth grouper, 
tiger grouper, yellowfin grouper, graysby, and coney) would be 
prohibited. Additionally, all purchase and sale of shallow-water 
groupers would be prohibited when the ACL is met or projected to be 
met, and the prohibition on harvest would apply to all federally 
permitted vessels regardless of where the gag, black grouper, and red 
grouper are caught, i.e., in state or Federal waters. The recreational 
AM for gag, black grouper and red grouper would compare the 
recreational ACL for the species group with landings over a range of 
years. For 2010, only 2010 landings would be used. For 2011, 2010 and 
2011 landings would be used. For 2012 and beyond, a 3-year running 
average would be used. If one of these species is overfished, based on 
the most recent Status of U.S. Fisheries Report to Congress, and the 
group recreational ACL is met or projected to be met, harvest and 
retention of the species group would be prohibited. If the group 
recreational ACL is exceeded, independent of stock status, the AA would 
file a notification with the Office of the Federal Register, at or near 
the beginning of the following fishing year, to reduce the group ACL 
for that fishing year by the amount of the overage.

Black Sea Bass

ACLs

    The commercial quota and recreational allocation for black sea bass 
established in Amendment 13C to the FMP would be designated as the 
commercial and recreational ACLs, respectively, for black sea bass 
through Amendment 17B. The commercial ACL for black sea bass would be 
309,000 lb (140,160 kg) gutted weight, and the recreational ACL for 
black sea bass would be 409,000 lb (185,519 kg) gutted weight.

AMs

    The commercial AM for black sea bass is the previously-implemented 
quota closure provision that would prohibit harvest and possession of 
black sea bass when the ACL for the species is met or projected to be 
met. All purchase and sale would then be prohibited, and the 
prohibition on harvest would apply to all federally permitted vessels 
regardless of where the black sea bass are caught, i.e., in state or 
Federal waters. The recreational AM for black sea bass would compare 
the recreational ACL for the species with landings over a range of 
years. For 2010, only 2010 landings would be used. For 2011, 2010 and 
2011 landings would be used. For 2012 and beyond, a 3-year running 
average would be used. If black sea bass are overfished, based on the 
most recent Status of U.S. Fisheries Report to Congress, and the sector 
ACL is met or projected to be met, harvest and retention of the species 
would be prohibited. If the sector ACL is exceeded, independent of 
stock status, the AA would file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year, to reduce the sector ACL for that fishing year by the amount of 
the overage.

[[Page 62491]]

Vermilion Snapper

ACLs

    The commercial quota and recreational allocation for vermilion 
snapper established in Amendment 16 to the FMP would be designated as 
the commercial and recreational ACLs, respectively, for vermilion 
snapper through Amendment 17B. The commercial ACL for vermilion snapper 
would be 315,523 lb (143,119 kg) gutted weight (January-June) and 
302,523 lb (137,222 kg) gutted weight (July-December), and the 
recreational ACL for vermilion snapper would be 307,315 lb (139,396 kg) 
gutted weight.

AMs

    The commercial AM for vermilion snapper is the previously-
implemented quota closure provision that would prohibit harvest and 
possession of vermilion snapper when the ACL for the species is met or 
projected to be met. All purchase and sale would then be prohibited, 
and the prohibition on harvest would apply to all federally permitted 
vessels regardless of where the vermilion snapper are caught, i.e., in 
state or Federal waters. The recreational AM for vermilion snapper 
would compare the recreational ACL for the species with landings over a 
range of years. For 2010, only 2010 landings would be used. For 2011, 
2010 and 2011 landings would be used. For 2012 and beyond, a 3-year 
running average would be used. If vermilion snapper are overfished, 
based on the most recent Status of U.S. Fisheries Report to Congress, 
and the sector ACL is met or projected to be met, harvest and retention 
of the species would be prohibited. If the sector ACL is exceeded, 
independent of stock status, the AA would file a notification with the 
Office of the Federal Register, at or near the beginning of the 
following fishing year, to reduce the sector ACL for that fishing year 
by the amount of the overage.

Framework Procedure Modifications

    To facilitate timely adjustments to National Standard 1 harvest 
parameters, the Council has added the ability to adjust ACLs and AMs, 
and establish and adjust target catch levels, including ACTs, to the 
current framework procedures. These adjustments or additions may be 
accomplished through a regulatory amendment which is less time 
intensive than an FMP amendment. By including ACLs, AMs, and ACTs in 
the framework procedure for specifying total allowable catch, the 
Council and NMFS would have the flexibility to expeditiously alter 
those harvest parameters as new scientific information becomes 
available.

Availability of Amendment 17B

    Additional background and rationale for the measures discussed 
above are contained in Amendment 17B. The availability of Amendment 17B 
was announced in the Federal Register on September 22, 2010, (75 FR 
57734). Written comments on Amendment 17B must be received by November 
22, 2010. All comments received on Amendment 17B or on this proposed 
rule during their respective comment periods will be addressed in the 
preamble to the final rule.

Additional Measures Contained in This Proposed Rule

    The final rule for Amendment 15B to the FMP, published on November 
16, 2009 (75 FR 58902), added regulatory language in Sec.  622.45(d)(1) 
that states, ``South Atlantic snapper-grouper harvested or possessed in 
the EEZ on board a vessel that does not have a valid commercial permit 
for South Atlantic snapper-grouper, as required under Sec.  
622.4(a)(2)(vi), * * * may not be sold or purchased.'' However, this 
requirement was inadvertently not codified in the permits section, 
under Sec.  622.4(a)(2)(vi), at that time. This rule proposes to revise 
' 622.4(a)(2)(vi) with the regulatory language that should have been 
added through the final rule for Amendment 15B.
    This rule also proposes to revise regulatory language in Sec.  
622.9 that was implemented in the final rule for Amendment 7 to the FMP 
for the Shrimp Fishery in the South Atlantic Region (Shrimp FMP) (74 FR 
50699, October 1, 2009). The final rule removed the requirement for a 
limited access endorsement to fish for and possess South Atlantic rock 
shrimp. The endorsements expired on January 27, 2010. However, the 
regulatory language contained in Sec.  622.9(a)(1) did not include this 
expiration date, and there was some confusion among stakeholders as to 
whether rock shrimp fishermen were still required to have the 
endorsement. This rule proposes to remove reference to the requirement 
for the rock shrimp endorsement in the VMS regulations because the 
endorsement is no longer required for this fishery.
    These additional revisions are unrelated to the actions contained 
in Amendment 17B.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator (AA) has determined that this proposed 
rule is consistent with the FMP subject to this rulemaking, other 
provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an IRFA, as required by section 603 of the Regulatory 
Flexibility Act, for this proposed rule. The IRFA describes the 
economic impact this proposed rule, if adopted, would have on small 
entities. A description of the action, why it is being considered, and 
the objectives of, and legal basis for this action are contained at the 
beginning of this section in the preamble and in the SUMMARY section of 
the preamble. A copy of the full analysis is available from the Council 
(see ADDRESSES). A summary of the IRFA follows.
    The proposed rule would introduce several changes to the management 
of the South Atlantic snapper-grouper fishery. This rule would 
establish an ACL of zero for speckled hind and warsaw grouper and 
prohibit fishing for and possession of snowy grouper, blueline 
tilefish, yellowedge grouper, warsaw grouper, speckled hind, misty 
grouper, queen snapper, and silk snapper beyond a depth of 240 ft (73 
m). This rule would establish a 97 percent commercial and 3 percent 
recreational allocation of golden tilefish. This rule would establish a 
commercial ACL (quota) for golden tilefish of 282,819 lb (128,284 kg) 
gutted weight and recreational ACL of 1,578 fish based on the chosen 
allocation for golden tilefish. The commercial AM for golden tilefish 
would be to prohibit the harvest, possession, purchase, and sale of 
golden tilefish after the quota is met or projected to be met. The 
recreational AM is specified as follows: if the ACL is exceeded, the AA 
shall publish a notice to reduce the length of the following fishing 
season by the amount necessary to ensure landings do not exceed the 
sector ACL in the following fishing year. The recreational ACL would be 
compared to recreational landings using only 2010 landings for 2010, an 
average of 2010 and 2011 landings for 2011, and a 3-year average of 
landings for 2012 and beyond. This rule would establish a recreational 
daily bag limit of one snowy grouper per vessel, with a recreational 
ACL of 523 fish and a recreational AM specified as follows: If the ACL 
is exceeded, the AA shall publish a notice to reduce the length of the 
following fishing season by the amount necessary to ensure landings do 
not exceed the sector ACL in the

[[Page 62492]]

following fishing year. The recreational ACL would be compared to 
recreational landings using only 2010 landings for 2010, an average of 
2010 and 2011 landings for 2011, and a 3-year average of landings for 
2012 and beyond. This rule would establish an aggregate ACL (quota) for 
gag, black grouper, and red grouper of 662,403 lb (300,461 kg) gutted 
weight (commercial) and 648,663 lb (294,229 kg) gutted weight 
(recreational). This rule, however, would retain the commercial ACL 
(quota) for gag or 352,940 lb (160,091 kg) gutted weight and 
recreational ACL for gag of 340,060 lb (154,249 kg) gutted weight. This 
rule would prohibit the commercial possession of shallow-water groupers 
(gag, black grouper, red grouper, scamp, red hind, rock hind, 
yellowmouth grouper, tiger grouper, yellowfin grouper, graysby, and 
coney) when the gag ACL (currently at 352,940 lb (160,091 kg) gutted 
weight) or the aggregate gag, black grouper, and red grouper ACL is met 
or projected to be met. This rule would implement recreational AMs for 
black grouper, black sea bass, gag, red grouper, and vermilion snapper 
as follows: If one of these species is determined to be overfished and 
the species ACL or group ACL is met or projected to be met, prohibit 
the harvest and retention of the species or species group. If the ACL 
is exceeded, independent of stock status, the AA shall publish a notice 
to reduce the species ACL or group ACL in the following fishing season 
by the amount of the overage. The recreational species ACL or group ACL 
would be compared to recreational landings using only 2010 landings for 
2010, an average of 2010 and 2011 landings for 2011, and a 3-year 
running average of landings for 2012 and beyond. Finally, this rule 
would update the framework procedure for specification of Total 
Allowable Catch (TAC) for the FMP to incorporate ACLs, ACTs, and AMs. 
This would give NMFS the flexibility to alter those harvest parameters 
through a regulatory amendment as new scientific information becomes 
available.
    The Magnuson Stevens Act provides the statutory basis for the 
proposed rule.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified. The proposed rule would not alter existing reporting, 
record keeping, or other compliance requirements.
    The proposed rule is expected to directly affect commercial fishers 
and for-hire operators. The SBA has established size criteria for all 
major industry sectors in the U.S. including commercial fish harvesters 
and for-hire operations. A business involved in fish harvesting is 
classified as a small business if it is independently owned and 
operated, is not dominant in its field of operation (including its 
affiliates), and has combined annual receipts not in excess of $4.0 
million (NAICS code 114111, finfish fishing) for all its affiliated 
operations worldwide. For for-hire vessels, the other qualifiers apply 
and the annual receipts threshold is $7.0 million (NAICS code 713990, 
recreational industries).
    From 2003-2007, an average of 944 vessels per year was permitted to 
operate in the commercial snapper-grouper fishery. Of these vessels, 
749 held transferable permits and 195 held non-transferable permits. On 
average, 890 vessels landed 6.43 million lb (2.92 million kg) of 
snapper-grouper species and 1.95 million lb (0.88 million kg) of other 
species on snapper-grouper trips. Total dockside revenues from snapper-
grouper species stood at $13.81 million and from other species, at 
$2.30 million. Considering revenues from both snapper-grouper and other 
species, the revenues per vessel were approximately $18,101. An average 
of 27 vessels per year harvested more than 50,000 lb (22,680 million 
kg) of snapper-grouper species per year, generating at least, at an 
average price of $2.15 per pound, dockside revenues of $107,500. 
Commercial vessels that operate in the snapper-grouper fishery may also 
operate in other fisheries, the revenues of which cannot be determined 
with available data and are not reflected in these totals.
    Although a vessel that possesses a commercial snapper-grouper 
permit can harvest any snapper-grouper species, not all permitted 
vessels or vessels that landed snapper-grouper landed all of the major 
species in this amendment. The following average number of vessels 
landed the subject species in 2003-2007: 292 vessels landed gag, 253 
vessels landed vermilion snapper, 32 vessels landed speckled hind, 64 
vessels landed golden tilefish, 160 vessels landed snowy grouper, 323 
vessels landed black grouper, 237 vessels landed black sea bass, and 
402 vessels landed red grouper. Combining revenues from snapper-grouper 
and other species on the same trip, the average revenue per vessel for 
vessels landing the subject species were $20,551 for gag, $28,454 for 
vermilion snapper, $6,250 for speckled hind, $17,266 for golden 
tilefish, $7,186 for black grouper, $19,034 for black sea bass, and 
$17,164 for red grouper.
    Based on revenue information, all commercial vessels that would be 
affected by the proposed rule are considered to be small entities.
    The for-hire fleet is comprised of charterboats, which charge a fee 
on a vessel basis, and headboats, which charge a fee on an individual 
angler (head) basis. For the period 2003-2007, an average of 1,635 
vessels was permitted to operate in the snapper-grouper for-hire 
fishery, of which 82 are estimated to have operated as headboats and 
1,553 as charter boats. Within the total number of vessels, 227 also 
possessed a commercial snapper-grouper permit and would be included in 
the summary information provided on the commercial sector. The 
charterboat annual average gross revenue is estimated to range from 
approximately $62,000-$84,000 for Florida vessels, $73,000-$89,000 for 
North Carolina vessels, $68,000-$83,000 for Georgia vessels, and 
$32,000-$39,000 for South Carolina vessels. For headboats, the 
appropriate estimates are $170,000-$362,000 for Florida vessels, and 
$149,000-$317,000 for vessels in the other states.
    Based on average revenue figures, all for-hire operations that 
would be affected by the proposed rule are considered to be small 
entities.
    Some fleet activity may exist in both the commercial and for-hire 
snapper-grouper sectors, but the extent of such is unknown and all 
vessels are treated as independent entities in this analysis.
    The measure to establish an ACL of zero for speckled hind and 
warsaw grouper, together with the ban on fishing for deepwater species 
co-occurring with these two species, is expected to reduce net 
operating revenues of commercial vessels by about $292,000. This 
measure is also expected to reduce net operating revenues of for-hire 
vessels by less than $102,000.
    Establishing a 97 percent commercial and 3 percent recreational 
allocation of golden tilefish would maintain the long-term and short-
term proportional landings history of the commercial and recreational 
sectors, with possible small short-term changes (depending on the ACL) 
in net operating revenues of both commercial and for-hire vessels. At 
this allocation ratio, the corresponding commercial ACL (quota) would 
be 282,819 lb (128, 284 kg) gutted weight and the recreational 
allocation would be 1,578 fish (8,747 lb (3,968 kg) gutted weight). The 
golden tilefish commercial quota in combination with the AM of closing 
the fishery after the quota is met is expected to reduce net operating 
revenues of commercial vessels with snapper-grouper permits by about 
$8,000. The recreational allocation is expected to result in net 
revenue reductions of for-hire vessels with snapper-grouper permits by 
about

[[Page 62493]]

$7,000. It is worth noting, however, that the reduction in net 
operating revenues of for-hire vessels would not be immediate because 
the recreational AM would shorten only the subsequent year's fishing 
season and only when recreational landings over a number of years 
(except for 2010) exceed the ACL.
    Establishing a daily bag limit of one snowy grouper per vessel is 
expected to reduce net operating revenues of for-hire vessels with 
snapper-grouper permits by about $7,000. This reduction in net 
operating revenues would not be immediate because the recreational AM 
would shorten only the subsequent year's fishing season and only when 
recreational landings over a number of years (except for 2010) exceed 
the ACL.
    The combined measures of retaining the commercial ACL for gag of 
352,940 lb (160,091 kg) gutted weight, establishing an aggregate 
commercial ACL for gag, red grouper, and black grouper of 662,403 lb 
(300,461 kg) gutted weight, and closing the fishery when the gag ACL or 
the aggregate ACL is reached is expected to reduce net operating 
revenues of commercial vessels by about $103,000. For the recreational 
component of the snapper-grouper fishery, the combined measures of 
retaining the recreational ACL for gag of 340,060 lb (154,249 kg) 
gutted weight and establishing an aggregate recreational ACL for gag, 
red grouper, and black grouper of 648,663 lb (294,229 kg) gutted weight 
are not expected to affect the net operating revenues of for-hire 
vessels with snapper-grouper permits because these are the expected 
landings from implementation of previous amendments, notably Amendment 
16 to the FMP. There is a possibility that the recreational AM of 
prohibiting the harvest and retention of an overfished species (black 
sea bass, vermilion snapper, gag, red grouper, or black grouper) when 
the sector ACL is met or projected to be met would have negative 
impacts on for-hire vessels with snapper-grouper permits fishing for 
black sea bass. Under this AM, for-hire vessels with snapper-grouper 
permits could potentially lose about $860,000 in net revenues. This 
reduction is likely to be an overestimate for at least two reasons. 
First, the method used in estimating the economic effects on the 
recreational sector likely overestimated the number of headboat angler 
trips affected by the measure. Second, the trend of recreational black 
sea bass landings has been downwards due to the implementation of more 
restrictive measures provided in previous amendments. Therefore, using 
average landings over the period 2005-2008 inflated the landings when 
compared to the ACL.
    Updating the framework procedure for specification of TAC has no 
direct effects on the net operating revenues of commercial and for-hire 
vessels with snapper-grouper permits.
    The short-term reductions in the net revenues of commercial vessels 
due to the proposed rule may be considered relatively small. On the 
recreational side, only the AM for black sea bass may be considered to 
have relatively substantial economic effects on for-hire vessels.
    Five alternatives, including the proposed action, were considered 
for establishing an ACL for speckled hind and warsaw grouper. The first 
alternative to the proposed action, the no action alternative, would 
not conform to the requirements of the Magnuson-Stevens Act, as 
reauthorized in 2006, to establish an ACL for the subject species. The 
second alternative to the proposed action would establish an ACL of 0 
for speckled hind and warsaw grouper but would not close any areas to 
fishing for deepwater species that co-occur with these two species. 
Although this alternative would have smaller negative economic effects 
on small entities than the proposed action, it would not be sufficient 
to end overfishing of speckled hind and warsaw grouper due to discard 
mortality from fishing for other co-occurring deepwater species. The 
third alternative to the proposed action is the same as the proposed 
action, except that the fishing prohibition for other co-occurring 
deepwater species would apply to all depths. In this case, this 
alternative would result in greater negative economic effects on small 
entities than the proposed action. The fourth alternative to the 
proposed action is similar to the proposed action, except that the 
prohibition on fishing for other co-occurring deepwater species would 
be beyond 300 ft (92 m). With smaller closed areas, this alternative 
would result in slightly smaller negative economic effects on small 
entities. On the other hand, this alternative would provide less 
protection for adult speckled hind and warsaw grouper than the proposed 
action. The possibility of continued overfishing for the subject 
species may still occur under this alternative.
    Four alternatives, including the proposed action, were considered 
for the golden tilefish allocation. The first alternative to the 
proposed action, the no action alternative, would not establish a 
commercial and recreational allocation for golden tilefish. Without a 
defined sector allocation, it would be difficult to define sector ACLs 
and to take corrective actions should the sector ACLs or overall ACL be 
exceeded. This would weaken the ability of fishery managers to 
effectively manage the stock. The second alternative to the proposed 
action would establish a 96 percent commercial and 4 percent 
recreational allocation. This allocation is very close to that provided 
under the proposed action, and thus its economic effects would differ 
only minimally from those of the proposed action. This alternative uses 
only the most current landings records (2006-2008) while the proposed 
action uses both the long-run (1986-2008) and short-run (2006-2008) 
landings history. The third alternative to the proposed action would 
establish a 50 percent commercial and 50 percent recreational 
allocation. This alternative would create significant disruptions to 
the commercial sector operations, and thus would impose relatively 
large costs to this sector. The recreational sector would stand to gain 
from this allocation, but whether or not the gains to the recreational 
sector would outweigh losses to the commercial sector cannot be 
determined. At least in the short-run and given the current bag limit 
of one fish per person per day, benefits to the recreational sector 
would be relatively small and would not compensate for the losses in 
the commercial sector. Thus, the expected net economic effects of this 
alternative in the short-run would be negative.
    Five alternatives, including the proposed action, were considered 
for the golden tilefish ACL and AM. The first alternative to the 
proposed action, the no action alternative, would retain the current 
ACL (quota) for the commercial sector based on FMSY and 
would not establish an ACL and AM for the recreational sector. The 
current AM would close all fishing for golden tilefish once the 
commercial quota is reached. This alternative would not add any more 
fishery restrictions and economic losses to the fishery participants, 
but it would be less conservative than the proposed action in 
rebuilding the stock. In addition, it would provide less flexibility in 
implementing sector-specific AMs. The second alternative to the 
proposed action would establish a single commercial and recreational 
ACL which would combine the commercial ACL at the FOY level 
and the recreational allowable harvest at the OY level. The AM would 
prohibit commercial and recreational harvest when the ACL is projected 
to be met. This alternative would result in approximately the same 
economic losses to the commercial

[[Page 62494]]

sector as the proposed action. There is some potential for this 
alternative to result in smaller economic losses to the recreational 
sector than the proposed action, especially if only the commercial 
landings were effectively monitored because then the recreational 
fishing season would remain open longer. But to the extent that the AM 
under this alternative would be imposed in-season while that of the 
proposed action only in subsequent years, the economic effects of this 
alternative over time could very well exceed those of the proposed 
action. The third alternative to the proposed action would establish a 
recreational AM of one golden tilefish per vessel per day when the 
single ACL (sum of the commercial ACL at the FOY level and 
recreational harvest at the OY level) is met or projected to be met. 
This alternative is likely to result in smaller economic losses to the 
recreational sector than the proposed action by maintaining a year-
round recreational fishing season although at very limited bag limit. 
However, because this alternative requires an in-season adjustment in 
lieu of subsequent-year adjustments, as under the proposed action, the 
resulting economic losses over time due to this alternative could 
exceed those of the proposed action. The fourth alternative to the 
proposed action would establish a commercial and recreational ACL based 
on the yield at FOY for the commercial fishery. The AM for 
both sectors would be to prohibit harvest, possession, and retention of 
golden tilefish when commercial landings exceed the ACL. This 
alternative would have the same economic effects on the commercial 
sector as the proposed action, but losses to the recreational sector 
would likely exceed those of the proposed action.
    Four alternatives, including the proposed action, were considered 
for establishing a snowy grouper ACL and AM. The first alternative, the 
no action alternative, to the proposed action would retain the 
commercial ACL (quota) of 82,900 lb (37,603 kg) gutted weight as the 
ACL based on the current TAC of 87,254 lb (39,578 kg) gutted weight; 
would retain the commercial AM which is to prohibit harvest, 
possession, and retention of snowy grouper when the quota is met or 
projected to be met; would maintain the recreational ACL of 523 fish; 
and, would not implement a recreational AM. This alternative would not 
add any restrictions to either the commercial or recreational sector. 
The absence of an AM for the recreational sector would make it 
difficult to implement sector-specific adjustments. The second 
alternative to the proposed action would establish a single commercial/
recreational ACL based on the current TAC of 87,254 lb (39,578 kg) 
gutted weight, and the AM for both sectors would be a closure of the 
fishery when the ACL is met or projected to be met. This alternative 
may result in slightly better economic effects on the commercial sector 
than the proposed action or the no action alternative, but this slight 
advantage of the commercial sector would come at the expense of the 
recreational sector. In effect, this alternative would have slightly 
larger short-run economic losses on the recreational sector than the 
proposed action. In addition, this alternative would not allow for 
sector-specific adjustments should ACL overages occur. The third 
alternative to the proposed action would establish a recreational AM of 
one fish per vessel per day when the commercial quota is met or 
projected to be met. The commercial AM would be a fishery closure when 
the quota is met. This alternative would have similar economic effects 
on the commercial sector as the no action alternative and slightly 
lower short-run negative effects on the recreational sector than the 
proposed action. However, unlike the proposed action, this alternative 
could result in overages in the recreational sector without a possible 
compensating adjustment in succeeding years, thereby potentially 
resulting in less protection to the stock.
    Five alternatives, two of which comprise the proposed action, were 
considered for the black grouper, black sea bass, gag, red grouper, and 
vermilion snapper ACL, AM, and ACT. The alternative for establishing 
commercial and recreational ACLs consisted of two sub-alternatives, one 
of which is the proposed action. The ACT alternative for the 
recreational sector consisted of three sub-alternatives, none of which 
were selected as the proposed action. The AM alternative for the 
recreational sector consisted of three sub-alternatives, one of which 
is the proposed action. The first alternative to the proposed action, 
the no action alternative, would retain the commercial and recreational 
ACLs for black sea bass, gag, and vermilion snapper and would not 
establish commercial and recreational ACLs for black grouper and red 
grouper. This alternative would not comply with the requirements of the 
Magnuson-Stevens Act, as reauthorized in 2006. The second alternative 
to the proposed action (only alternative to the proposed action for 
commercial and recreational ACLs) would establish black grouper 
commercial and recreational ACLs of 86,886 lb (39,411 kg) gutted weight 
and 31,863 lb (14,453 kg) gutted weight, respectively. It would also 
establish red grouper commercial and recreational ACLs of 221,577 lb 
(100,505 kg) gutted weight and 276,740 lb (125,527 kg) gutted weight, 
respectively. This alternative would have biological effects similar to 
those of the proposed action. However, it could result in slightly 
worse economic effects than the proposed action because it would allow 
less flexibility for small entities in adjusting their fishing 
operations with respect to gag, black grouper, and red grouper. The 
third alternative to the proposed action for the recreational AM 
consisted of two sub-alternatives. The first sub-alternative would 
require the RA to reduce the length of the following fishing year if 
the ACL were exceeded in the current year. Although this alternative 
would provide less negative effects in the short-run, it would provide 
fewer biological benefits than the proposed action, particularly with 
respect to overfished species, so as to delay further the generation of 
economic benefits from the fishery. The second sub-alternative would 
close the fishery if the sector ACT were exceeded for an overfished 
species or species group and would require the AA to reduce the sector 
ACT the following year. By not selecting any ACT, this alternative 
would not be a viable alternative. If ACTs were selected, this 
alternative would likely result in larger short-run economic losses 
than the proposed alternative.
    Two alternatives, including the proposed action, were considered 
for updating the framework procedure for specification of TAC in the 
FMP to incorporate ACLs, ACTs, and AMs. The only alternative to the 
proposed action, the no action alternative, would delay the 
implementation or modification of ACLs, ACTs, and AMs when new 
scientific information becomes available because this would require the 
FMP amendment process which would incur more administrative costs than 
the proposed action.

List of Subjects in 50 CFR Part 622

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

    Dated: October 5, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

[[Page 62495]]

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    1. The authority citation for part 622 continues to read as 
follows:

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

    2. In Sec.  622.2, the definitions of ``Deep-water grouper (DWG)'' 
and ``Shallow-water grouper (SWG)'' are revised and definitions of 
``Deep-water snapper-grouper (DWSG)'' and ``South Atlantic shallow-
water grouper (SASWG)'' are added in alphabetical order to read as 
follows:


Sec.  622.2  Definitions and acronyms.

* * * * *
    Deep-water grouper (DWG) means, in the Gulf, yellowedge grouper, 
misty grouper, warsaw grouper, snowy grouper, and speckled hind. In 
addition, for the purposes of the IFQ program for Gulf groupers and 
tilefishes in Sec.  622.20, scamp are also included as DWG as specified 
in Sec.  622.20(b)(2)(vi).
    Deep-water snapper-grouper (DWSG) means, in the South Atlantic, 
yellowedge grouper, misty grouper, warsaw grouper, snowy grouper, 
speckled hind, blueline tilefish, queen snapper, and silk snapper.
* * * * *
    Shallow-water grouper (SWG) means, in the Gulf, gag, red grouper, 
black grouper, scamp, yellowfin grouper, rock hind, red hind, and 
yellowmouth grouper. In addition, for the purposes of the IFQ program 
for Gulf groupers and tilefishes in Sec.  622.20, speckled hind and 
warsaw grouper are also included as SWG as specified in Sec.  
622.20(b)(2)(v).
    South Atlantic shallow-water grouper (SASWG) means, in the South 
Atlantic, gag, black grouper, red grouper, scamp, red hind, rock hind, 
yellowmouth grouper, tiger grouper, yellowfin grouper, graysby, and 
coney.
* * * * *
    3. In Sec.  622.4, the first sentence of paragraph (a)(2)(vi) is 
revised to read as follows:


Sec.  622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (vi) * * * For a person aboard a vessel to be eligible for 
exemption from the bag limits for South Atlantic snapper-grouper in or 
from the South Atlantic EEZ, to sell South Atlantic snapper-grouper in 
or from the South Atlantic EEZ, to engage in the directed fishery for 
tilefish in the South Atlantic EEZ, to use a longline to fish for South 
Atlantic snapper-grouper in the South Atlantic EEZ, or to use a sea 
bass pot in the South Atlantic EEZ between 35[deg]15.19' N. lat. (due 
east of Cape Hatteras Light, NC) and 28[deg]35.1' N. lat. (due east of 
the NASA Vehicle Assembly Building, Cape Canaveral, FL), a commercial 
vessel permit for South Atlantic snapper-grouper must have been issued 
to the vessel and must be on board. * * *
* * * * *
    4. In Sec.  622.9, the first sentence of paragraph (a)(1) is 
revised to read as follows:


Sec.  622.9  Vessel monitoring systems (VMSs).

    (a) * * *
    (1) * * * An owner or operator of a vessel that has been issued a 
limited access endorsement for South Atlantic rock shrimp (until 
January 27, 2010) or a Commercial Vessel Permit for Rock Shrimp (South 
Atlantic EEZ) must ensure that such vessel has an operating VMS 
approved by NMFS for use in the South Atlantic rock shrimp fishery on 
board when on a trip in the South Atlantic. * * *
* * * * *
    5. In Sec.  622.32, paragraph (c)(3) is removed and paragraph 
(b)(3)(vi) is added to read as follows:


Sec.  622.32  Prohibited and limited-harvest species.

* * * * *
    (b) * * *
    (3) * * *
    (vi) Speckled hind and warsaw grouper may not be harvested or 
possessed in or from the South Atlantic EEZ. Such fish caught in the 
South Atlantic EEZ must be released immediately with a minimum of harm. 
These restrictions also apply in the South Atlantic on board a vessel 
for which a valid Federal commercial or charter vessel/headboat permit 
for South Atlantic snapper-grouper has been issued, i.e., in state or 
Federal waters.
* * * * *
    6. In Sec.  622.35, the first sentence of paragraph (j) is revised 
and paragraph (o) is added to read as follows:


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

* * * * *
    (j) * * * During January through April each year, no person may 
fish for, harvest, or possess in or from the South Atlantic EEZ any 
SASWG (gag, black grouper, red grouper, scamp, red hind, rock hind, 
yellowmouth grouper, tiger grouper, yellowfin grouper, graysby, and 
coney). * * *
* * * * *
    (o) Depth closure for deep-water snapper-grouper (DWSG). No person 
may fish for or possess DWSG (yellowedge grouper, misty grouper, warsaw 
grouper, snowy grouper, speckled hind, blueline tilefish, queen 
snapper, and silk snapper) in or from the South Atlantic EEZ offshore 
of rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
              Point                   North lat.          West long.
------------------------------------------------------------------------
A...............................  36[deg]31'01''      74[deg]48'10''
B...............................  35[deg]57'29''      74[deg]55'49''
C...............................  35[deg]30'49''      74[deg]49'17''
D...............................  34[deg]19'41''      76[deg]00'21''
E...............................  33[deg]13'31''      77[deg]17'50''
F...............................  33[deg]05'13''      77[deg]49'24''
G...............................  32[deg]24'03''      78[deg]57'03''
H...............................  31[deg]39'04''      79[deg]38'46''
I...............................  30[deg]27'33''      80[deg]11'39''
J...............................  29[deg]53'21''      80[deg]16'01''
K...............................  29[deg]24'03''      80[deg]16'01''
L...............................  28[deg]19'29''      80[deg]00'27''
M...............................  27[deg]32'05''      79[deg]58'49''
N...............................  26[deg]52'45''      79[deg]58'49''
O...............................  26[deg]03'36''      80[deg]04'33''
P...............................  25[deg]31'03''      80[deg]04'55''
Q...............................  25[deg]13'44''      80[deg]09'40''
R...............................  24[deg]59'09''      80[deg]19'51''
S...............................  24[deg]42'06''      80[deg]46'38''
T...............................  24[deg]33'53''      81[deg]10'23''
U...............................  24[deg]25'20''      81[deg]50'25''
V...............................  24[deg]25'49''      82[deg]11'17''
W...............................  24[deg]21'35''      82[deg]22'32''
X...............................  24[deg]21'29''      82[deg]42'33''
Y...............................  24[deg]25'37''      83[deg]00'00''
------------------------------------------------------------------------

    7. In Sec.  622.39, paragraph (d)(1)(ii)(B) is revised to read as 
follows:


Sec.  622.39  Bag and possession limits.

* * * * *
    (d) * * *
    (1) * * *
    (ii) * * *
    (B) No more than one fish per vessel may be a snowy grouper;
    8. In Sec.  622.42, revise paragraphs (e)(1), (e)(2), (e)(5), and 
(e)(6); and paragraph (e)(8) is added to read as follows:


Sec.  622.42  Quotas.

* * * * *
    (e) * * *
    (1) Snowy grouper--82,900 lb (37,603 kg).
    (2) Golden tilefish--282,819 lb (128,284 kg).
* * * * *
    (5) Black sea bass--309,000 lb (140,160 kg).
    (6) Red porgy--190,050 lb (86,205 kg).
* * * * *
    (8) Gag, black grouper, and red grouper, combined--662,403 lb 
(300,461 kg).
* * * * *
    9. In Sec.  622.43, the heading for paragraph (a)(5) and paragraph 
(a)(5)(iii) are revised to read as follows:

[[Page 62496]]

622.43  Closures.

    (a) * * *
    (5) South Atlantic gag, black grouper, red grouper, greater 
amberjack, snowy grouper, golden tilefish, vermilion snapper, black sea 
bass, and red porgy.
* * * * *
    (iii) For gag and for gag, black grouper, and red grouper, 
combined, when the appropriate commercial quota is reached, the 
provisions of paragraphs (a)(5)(i) and (ii) of this section apply to 
gag and all other SASWG.
* * * * *
    10. In Sec.  622.44, paragraph (c)(3) is revised to read as 
follows:


Sec.  622.44  Commercial trip limits.

* * * * *
    (c) * * *
    (3) Snowy grouper. Until the quota specified in Sec.  622.42(e)(1) 
is reached--100 lb (45 kg). See Sec.  622.43(a)(5) for the limitations 
regarding snowy grouper after the fishing year quota is reached.
* * * * *
    11. In Sec.  622.48, paragraph (f) is revised to read as follows:


Sec.  622.48  Adjustment of management measures.

* * * * *
    (f) South Atlantic snapper-grouper and wreckfish. Biomass levels, 
age-structured analyses, target dates for rebuilding overfished 
species, MSY, ABC, TAC, quotas, annual catch limits (ACLs), target 
catch levels, accountability measures (AMs), trip limits, bag limits, 
minimum sizes, gear restrictions (ranging from regulation to complete 
prohibition), seasonal or area closures, definitions of essential fish 
habitat, essential fish habitat, essential fish habitat HAPCs or Coral 
HAPCs, and restrictions on gear and fishing activities applicable in 
essential fish habitat and essential fish habitat HAPCs.
* * * * *
    12. In Sec.  622.49, paragraph (b) is added to read as follows:


Sec.  622.49  Accountability measures.

* * * * *
    (b) South Atlantic snapper-grouper.
    (1) Golden tilefish--(i) Commercial fishery. If commercial 
landings, as estimated by the SRD, reach or are projected to reach the 
quota specified in Sec.  622.42(e)(2), the AA will file a notification 
with the Office of the Federal Register to close the commercial fishery 
for the remainder of the fishing year.
    (ii) Recreational fishery. If recreational landings, as estimated 
by the SRD, exceed the recreational annual catch limit (ACL) of 1,578 
fish, the AA will file a notification with the Office of the Federal 
Register, at or near the beginning of the following fishing year, to 
reduce the length of the following recreational fishing season by the 
amount necessary to ensure recreational landings do not exceed the 
recreational ACL in the following fishing year. Recreational landings 
will be evaluated relative to the ACL as follows. For 2010, only 2010 
recreational landings will be compared to the ACL; in 2011, the average 
of 2010 and 2011 recreational landings will be compared to the ACL; and 
in 2012 and subsequent fishing years, the most recent 3-year running 
average recreational landings will be compared to the ACL.
    (2) Snowy grouper--(i) Commercial fishery. If commercial landings, 
as estimated by the SRD, reach or are projected to reach the quota 
specified in Sec.  622.42(e)(1), the AA will file a notification with 
the Office of the Federal Register to close the commercial fishery for 
the remainder of the fishing year.
    (ii) Recreational fishery. If recreational landings, as estimated 
by the SRD, exceed the recreational ACL of 523 fish, the AA will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year, to reduce the length of the 
following recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. Recreational landings will be evaluated 
relative to the ACL as follows. For 2010, only 2010 recreational 
landings will be compared to the ACL; in 2011, the average of 2010 and 
2011 recreational landings will be compared to the ACL; and in 2012 and 
subsequent fishing years, the most recent 3-year running average 
recreational landings will be compared to the ACL.
    (3) Gag--(i) Commercial fishery. If commercial landings, as 
estimated by the SRD, reach or are projected to reach the quota 
specified in Sec.  622.42(e)(7), the AA will file a notification with 
the Office of the Federal Register to close the commercial fishery for 
gag and all other SASWG for the remainder of the fishing year.
    (ii) Recreational fishery. (A) If recreational landings, as 
estimated by the SRD, reach or are projected to reach the recreational 
ACL of 340,060 lb (154,249 kg), gutted weight, and gag are overfished, 
based on the most recent Status of U.S. Fisheries Report to Congress, 
the AA will file a notification with the Office of the Federal Register 
to close the gag recreational fishery for the remainder of the fishing 
year. On and after the effective date of such notification, the bag and 
possession limit for gag in or from the South Atlantic EEZ is zero. 
This bag and possession limit also applies in the South Atlantic on 
board a vessel for which a valid Federal charter vessel/headboat permit 
for South Atlantic snapper-grouper has been issued, without regard to 
where such species were harvested, i.e., in state or Federal waters.
    (B) Without regard to overfished status, if gag recreational 
landings exceed the ACL, the AA will file a notification with the 
Office of the Federal Register, at or near the beginning of the 
following fishing year, to reduce the ACL for that fishing year by the 
amount of the overage.
    (C) Recreational landings will be evaluated relative to the ACL as 
follows. For 2010, only 2010 recreational landings will be compared to 
the ACL; in 2011, the average of 2010 and 2011 recreational landings 
will be compared to the ACL; and in 2012 and subsequent fishing years, 
the most recent 3-year running average recreational landings will be 
compared to the ACL.
    (4) Gag, black grouper, and red grouper, combined--(i) Commercial 
fishery. If commercial landings, as estimated by the SRD, reach or are 
projected to reach the quota specified in Sec.  622.42(e)(8), the AA 
will file a notification with the Office of the Federal Register to 
close the commercial fishery for gag, black grouper, red grouper and 
all other SASWG for the remainder of the fishing year.
    (ii) Recreational fishery. (A) If recreational landings, as 
estimated by the SRD, reach or are projected to reach the combined 
recreational ACL of 648,663 lb (294,229 kg), gutted weight, and gag, 
black grouper, or red grouper are overfished, based on the most recent 
Status of U.S. Fisheries Report to Congress, the AA will file a 
notification with the Office of the Federal Register to close the 
recreational fishery for gag, black grouper, and red grouper for the 
remainder of the fishing year. On and after the effective date of such 
notification, the bag and possession limit of gag, black grouper, and 
red grouper in or from the South Atlantic EEZ is zero. This bag and 
possession limit also applies in the South Atlantic on board a vessel 
for which a valid Federal charter vessel/headboat permit for South 
Atlantic snapper-grouper has been issued, without regard to where such 
species were harvested, i.e., in state or Federal waters.
    (B) Without regard to overfished status, if gag, black grouper, and 
red grouper recreational landings exceed the

[[Page 62497]]

combined ACL, the AA will file a notification with the Office of the 
Federal Register, at or near the beginning of the following fishing 
year, to reduce the combined ACL for that fishing year by the amount of 
the overage.
    (C) Recreational landings will be evaluated relative to the ACL as 
follows. For 2010, only 2010 recreational landings will be compared to 
the ACL; in 2011, the average of 2010 and 2011 recreational landings 
will be compared to the ACL; and in 2012 and subsequent fishing years, 
the most recent 3-year running average recreational landings will be 
compared to the ACL.
    (5) Black sea bass--(i) Commercial fishery. If commercial landings, 
as estimated by the SRD, reach or are projected to reach the quota 
specified in Sec.  622.42(e)(5), the AA will file a notification with 
the Office of the Federal Register to close the commercial fishery for 
the remainder of the fishing year.
    (ii) Recreational fishery. (A) If recreational landings, as 
estimated by the SRD, reach or are projected to reach the recreational 
ACL of 409,000 lb (185,519 kg), gutted weight, and black sea bass are 
overfished, based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register to close the recreational fishery for black sea bass 
for the remainder of the fishing year. On and after the effective date 
of such notification, the bag and possession limit of black sea bass in 
or from the South Atlantic EEZ is zero. This bag and possession limit 
also applies in the South Atlantic on board a vessel for which a valid 
Federal charter vessel/headboat permit for South Atlantic snapper-
grouper has been issued, without regard to where such species were 
harvested, i.e., in state or Federal waters.
    (B) Without regard to overfished status, if black sea bass 
recreational landings exceed the ACL, the AA will file a notification 
with the Office of the Federal Register, at or near the beginning of 
the following fishing year, to reduce the ACL for that fishing year by 
the amount of the overage.
    (C) Recreational landings will be evaluated relative to the ACL as 
follows. For 2010, only 2010 recreational landings will be compared to 
the ACL; in 2011, the average of 2010 and 2011 recreational landings 
will be compared to the ACL; and in 2012 and subsequent fishing years, 
the most recent 3-year running average recreational landings will be 
compared to the ACL.
    (6) Vermilion snapper--(i) Commercial fishery. If commercial 
landings, as estimated by the SRD, reach or are projected to reach a 
quota specified in Sec.  622.42(e)(4)(I) or (ii), the AA will file a 
notification with the Office of the Federal Register to close the 
commercial fishery for that portion of the fishing year applicable to 
the respective quota.
    (ii) Recreational fishery. (A) If recreational landings, as 
estimated by the SRD, reach or are projected to reach the recreational 
ACL of 307,315 lb (139,396 kg), gutted weight, and vermilion snapper 
are overfished, based on the most recent Status of U.S. Fisheries 
Report to Congress, the AA will file a notification with the Office of 
the Federal Register to close the recreational fishery for vermilion 
snapper for the remainder of the fishing year. On and after the 
effective date of such notification, the bag and possession limit of 
vermilion snapper in or from the South Atlantic EEZ is zero. This bag 
and possession limit also applies in the South Atlantic on board a 
vessel for which a valid Federal charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, without regard to where 
such species were harvested, i.e., in state or Federal waters.
    (B) Without regard to overfished status, if vermilion snapper 
recreational landings exceed the ACL, the AA will file a notification 
with the Office of the Federal Register, at or near the beginning of 
the following fishing year, to reduce the ACL for that fishing year by 
the amount of the overage.
    (C) Recreational landings will be evaluated relative to the ACL as 
follows. For 2010, only 2010 recreational landings will be compared to 
the ACL; in 2011, the average of 2010 and 2011 recreational landings 
will be compared to the ACL; and in 2012 and subsequent fishing years, 
the most recent 3-year running average recreational landings will be 
compared to the ACL.

[FR Doc. 2010-25643 Filed 10-8-10; 8:45 am]
BILLING CODE 3510-22-P