Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures, 23186-23189 [2010-10238]
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23186
Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Rules and Regulations
Approved critical uses
Limiting critical conditions that exist, or that the approved critical user reasonably expects could arise
without methyl bromide fumigation
Approved critical user and location of use
(b) North Carolina and Tennessee growers ...................
Moderate to severe black root rot.
Moderate to severe root-knot nematode infestation.
Moderate to severe yellow and purple nutsedge infestation.
Sweet Potato Slips ...............
(a) California growers ......................................................
Local township limits prohibiting 1,3-dichloropropene.
Tomatoes .............................
(a) Michigan growers ......................................................
Moderate to severe soilborne disease infestation.
Moderate to severe fungal pathogen infestation.
(b) Alabama, Arkansas, Florida, Georgia, Kentucky,
Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia growers.
Moderate to severe yellow or purple nutsedge infestation.
Moderate to severe soilborne disease infestation.
Moderate to severe nematode infestation.
Restrictions on alternatives due to karst topographical
features and, in Florida, soils not supporting seepage
irrigation.
(c) Maryland growers ......................................................
Moderate to severe fungal pathogen infestation.
POST-HARVEST USES
Food Processing ..................
(a) Rice millers in the U.S. who are members of the
USA Rice Millers Association.
(b) Pet food manufacturing facilities in the U.S. who are
members of the Pet Food Institute.
(c) Members of the North American Millers’ Association
in the U.S.
(d) Members of the National Pest Management Association treating processed food, cheese, herbs and
spices, and spaces and equipment in associated
processing and storage facilities.
Moderate to severe beetle, weevil, or moth infestation.
Presence of sensitive electronic equipment subject to
corrosion.
Time to transition to an alternative.
Moderate to severe beetle, moth, or cockroach infestation.
Presence of sensitive electronic equipment subject to
corrosion.
Time to transition to an alternative.
Moderate to severe beetle infestation.
Presence of sensitive electronic equipment subject to
corrosion.
Time to transition to an alternative.
Moderate to severe beetle or moth infestation.
Presence of sensitive electronic equipment subject to
corrosion.
Time to transition to an alternative.
Commodities ........................
(a) California entities storing walnuts, beans, dried
plums, figs, raisins, and dates (in Riverside county
only) in California.
Rapid fumigation required to meet a critical market window, such as during the holiday season.
Dry Cured Pork Products .....
(a) Members of the National Country Ham Association
and the Association of Meat Processors, Nahunta
Pork Center (North Carolina), and Gwaltney and
Smithfield Inc.
Red legged ham beetle infestation.
Cheese/ham skipper infestation.
Dermested beetle infestation.
Ham mite infestation.
[FR Doc. 2010–10226 Filed 4–30–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100217094–0195–02]
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RIN 0648–AY57
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Red
Snapper Management Measures
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: NMFS issues this final rule to
implement a regulatory amendment to
the Fishery Management Plan for the
Reef Fish Resources of the Gulf of
Mexico (FMP) prepared by the Gulf of
Mexico Fishery Management Council
(Council). This final rule increases the
commercial and recreational quotas for
red snapper and closes the recreational
red snapper component of the Gulf of
Mexico (Gulf) reef fish fishery at 12:01
a.m., local time, July 24, 2010. The
intended effect of this rule is to help
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achieve optimum yield by relaxing red
snapper harvest limitations consistent
with the findings of the recent stock
assessment for this species.
DATES: This final rule is effective June
2, 2010.
ADDRESSES: Copies of the regulatory
amendment, which includes an
environmental assessment and a
regulatory impact review, may be
obtained from the Gulf of Mexico
Fishery Management Council, 2203
North Lois Avenue, Suite 1100, Tampa,
FL 33607; telephone 813–348–1630; fax
813–348–1711; e-mail
gulfcouncil@gulfcouncil.org; or may be
downloaded from the Council’s website
at https://www.gulfcouncil.org/.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, 727–824–5308.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf of Mexico is
managed under the FMP. The FMP was
prepared by the Council and is
implemented through regulations at 50
CFR part 622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On March 30, 2010, NMFS published
a proposed rule for the regulatory
amendment and requested public
comment (75 FR 15665). The proposed
rule and the regulatory amendment
outline the rationale for the measures
contained in this final rule. Additional
rationale is provided here and in the
comments and responses section.
Management Measures Contained in
this Final Rule
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Revisions to Commercial and
Recreational Quotas
The regulatory amendment sets the
total allowable catch (TAC) for 2010 and
subsequent fishing years for Gulf red
snapper at 6.945 million lb (3.150
million kg). Based on the recent red
snapper assessment update, the
overfishing limit (OFL), as endorsed by
the Council’s Scientific and Statistical
Committee (SSC) for 2010 is 9.26
million lb (4.2 million kg). However,
because there is considerable
uncertainty around assessment model
results, the SSC recommended an
acceptable biological catch (ABC) of
6.945 million lb (3.150 million kg),
which is 25 percent below the OFL, to
account for scientific uncertainty and in
accordance with the National Standard
1 Guidelines (74 FR 3178, January 16,
2009). When setting the TAC for red
snapper in 2010, the Gulf Council
cannot exceed the ABC recommended
by the Council’s SSC. Based on the
current commercial and recreational
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allocations (51 percent commercial and
49 percent recreational), red snapper
TAC is implemented through this final
rule by setting the commercial quota for
Gulf red snapper at 3.542 million lb
(1.607 million kg) and the recreational
quota at 3.403 million lb (1.544 million
kg).
Closure Date of the Recreational Red
Snapper Fishing Season
The Magnuson-Stevens Act requires
NMFS to close the recreational red
snapper fishery in Federal waters when
the quota is met or projected to be met.
Finalized 2009 recreational landings
data indicate that the recreational red
snapper quota is projected to be met on
or by July 23, 2010. Therefore, NMFS
will close the recreational red snapper
fishing season at 12:01 a.m., local time,
July 24, 2010, which constitutes a 53–
day fishing season. As compared to the
recreational fishing season under the
existing 2.45 million lb (1.11 million kg)
quota, and assuming similar effort and
catch rates for 2010, the season would
have been 27 to 34 days. However,
taking into account the 2.09 million lb
(0.95 million kg) quota overage in 2009
and the new 3.403 million lb (1.544
million kg) quota implemented through
this final rule, the recreational fishing
season will remain open for 53 days in
2010. These management measures
achieve the goal of National Standard 1
of the Magnuson-Stevens Act, which
states that conservation and
management measures shall prevent
overfishing while achieving, on a
continuing basis, the optimum yield for
the fishery.
Comments and Responses
The following is a summary of the
comments NMFS received on the
proposed rule and NMFS’ respective
responses. During the comment period,
NMFS received 260 comments,
including 249 from private citizens, 6
from governmental or civic
organizations, 4 from recreational
fishing organizations, and 1 from an
environmental group.
Comment 1: The recreational and
commercial quotas should be increased
and the season length should either
match or exceed the 2009 75–day
season.
Response: The 2009 red snapper stock
assessment update indicated that the
red snapper stock in the Gulf of Mexico
is improving under the current
rebuilding plan. This is consistent with
the observations provided in the
comments. Although the stock is still
considered overfished, it is no longer
undergoing overfishing and harvest
levels may be increased.
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23187
For the recreational fishery, even
though the quota will be increased, a
2010 season of 75 days or more is not
justified or appropriate. The 75–day
season in 2009 resulted in an overage of
the recreational quota by approximately
2.09 million lb (0.95 million kg).
Projections indicate that for recreational
catch to not exceed the new 3.403
million lb (1.544 million kg) quota in
2010, the season length may only be 53
days long. If the quota were to remain
at 2.45 million lb (1.11 million kg),
projections indicate the fishery could
stay open for 27–34 days.
NMFS used historical landings and
changes in regulations to project the
length of the season. Landings
information are obtained from the
Marine Recreational Fisheries Statistics
Survey, including the for-hire charter
survey; Southeast Fisheries Science
Center headboat survey; and Texas
Parks and Wildlife Department charter
and private/rental creel survey. Season
lengths are then projected under
different management scenarios. Details
of how these data are applied to project
season length may be found at: https://
sero.nmfs.noaa.gov/sf/
GulfRedSnapperHomepage.htm.
Comment 2: The bag limit should be
increased or the size limit should be
decreased because the stock condition is
improving or because of possible
increases in discards and discard
mortality from the increased stock
abundance.
Response: For the Council and NMFS
to increase the bag limit or reduce the
size limit, under an increased quota, the
trade off would be to reduce the length
of the season. However, comments
received in response to the proposed
rule and comments received by the
Council requested the season remain
open for as long as possible. In
developing the regulatory amendment
supporting an increase in the total
allowable catch, the Council decided to
leave size or bag limits unchanged to
facilitate lengthening the season. The
Council and NMFS have addressed
measures to reduce discard mortality in
other actions such as the requirement
for dehookers, circle hooks, and venting
tools.
Comment 3: The commercial and
recreational quotas should be based on
a total allowable catch of 9.26 million lb
(4.2 million kg).
Response: Based on the recent red
snapper assessment update, the OFL, as
endorsed by the Council’s SSC for 2010
is 9.26 million lb (4.2 million kg). The
OFL is an estimate of the catch level
above which overfishing is occurring. At
its February meeting, the Council voted
on and NMFS is implementing a TAC of
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6.945 million lb, based on the SSC’s
ABC recommendation, which is 75
percent of the OFL. The ABC is a level
of a stock or stock complex’s annual
catch that accounts for scientific
uncertainty in the estimate of OFL.
Because there is considerable
uncertainty around assessment model
results, the SSC determined that setting
the ABC at 75 percent of the OFL would
allow the red snapper stock to continue
to rebuild within the rebuilding plan
timeframe. Section 302(h)(6) of the
Magnuson-Stevens Act mandates that
each Council ‘‘may not exceed the
fishing level recommendations of its
SSC’’ and section (g)(1)(B) identifies
these fishing level recommendation
categories to include: ‘‘ABC, preventing
overfishing, maximum sustainable
yield, and achieving rebuilding
strategies.’’ Therefore, the greatest level
of TAC the Council may recommend,
based on the ABC recommended by the
SSC, is 6.945 million lb (3.150 million
kg).
Comment 4: Any increase in the
commercial quota should be distributed
to individual fishing quota (IFQ)
shareholders who have lower catch
histories as a result of having Class 2
licenses (200–lb (90.7–kg) trip limit).
Response: The current red snapper
IFQ program distributes increases and
decreases in the commercial quota
among IFQ participants based on the
number of IFQ shares they own. The
increased commercial quota will be
distributed proportionately among
current red snapper IFQ shareholders as
of the effective date of this final rule,
pursuant to Amendment 26 to the FMP.
If any share transfers are pending the
day the rule becomes effective,
additional allocation will go to the
original share holder. To change this
form of distribution would require a
plan amendment to the Reef Fish FMP
and, therefore, is beyond the scope of
the regulatory amendment and this final
rule.
Comment 5: The allocation between
commercial and recreational sectors
should be changed to favor the
recreational fishery.
Response: Allocations in the red
snapper component of the Gulf reef fish
fishery (51 percent commercial and 49
percent recreational) used in the
regulatory amendment are based on
historical percentages harvested by user
groups during the base period of 1979
to 1987. To change the current
allocation would require a plan
amendment to the FMP and, therefore,
is beyond the scope of the regulatory
amendment and this final rule.
Comment 6: The science upon which
the recreational season length estimate
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is based is unreliable and should not be
used to set season length or estimate
recreational levels relative to the quota.
Response: The methods and data used
to project the recreational season length
are thoroughly reviewed by the
Southeast Fisheries Science Center to
ensure best scientific practices are
followed. In addition, the stock
assessment used to estimate the 2010
red snapper season length is based on
the Southeast Data, Assessment, and
Review (SEDAR) process. The SEDAR
process was initiated in 2002 to improve
the quality and reliability of fishery
stock assessments in the South Atlantic,
Gulf of Mexico, and U.S. Caribbean. The
SEDAR process seeks improvements in
the scientific quality of stock
assessments, including attempts to place
greater relevance on historical and
current information to address existing
and emerging fishery management
issues. This process emphasizes
constituent and stakeholder
participation in assessment
development, transparency in the
assessment process, and a rigorous and
independent scientific review of
completed stock assessments. The
SEDAR process is organized around
three workshops. The data workshop
documents, analyzes, and reviews data
sets to be used for assessment analyses.
The assessment workshop develops and
refines quantitative population analyses
and estimates population parameters.
The final workshop is conducted by a
panel of independent experts who
review the data and the assessment and
recommends the most appropriate
values for critical population parameters
and management considerations. Recent
assessments of the red snapper stock
were conducted within this process. All
workshops and Council-initiated
meetings to review the assessment were
open to the public and included
constituents on the various SEDAR
panels that reviewed the data and
provided recommendations on
management measures.
Comment 7: The estimate of the
number of potentially affected entities
in the for-hire fleet is incorrect; there
have never been more than 1,350 active
permits in the fishery.
Response: In the proposed rule,
NMFS stated, ‘‘On December 23, 2009,
there were 1,266 active Gulf reef fish
for-hire permits’’ and ‘‘Because of the
extended renewal period, numerous
permits may be expired but renewable
at any given time of the year. It is
estimated that the total number of
permits (and associated vessels) active
for some portion of the entire calendar
year is a few hundred more than the
number of permits active on any given
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date.’’ When the moratorium on for-hire
reef fish permits was established in
2003, NMFS initially issued 1,625
moratorium reef fish permits. NMFS
agrees the number of permits issued has
continually declined since then. Since
publication of the proposed rule, NMFS
has tabulated the number of unique reef
fish for-hire permits that were valid
(non-expired) and, therefore, able to be
fished during the 2009 calendar year.
This number is 1,424, or 158 more than
the number of active permits reported in
the proposed rule. NMFS believes that
some confusion regarding the
appropriate totals may be attributed to
conflicting definitions of the term
‘‘active’’ in the context of a permit. The
NMFS definition of the term ‘‘active’’
refers to a non-expired permit at a point
in time, and does not necessarily denote
a permit for a vessel that actively fished.
It is possible that the comment referred
to the number of permits for vessels that
actively fished rather than the number
of valid permits. Because logbooks are
not required in this sector, available
data do not allow determination of the
number of permits for vessels that
actually fished.
Comment 8: Although the recreational
quota is being increased, a reduced
season will cause economic harm to
fishing communities dependent on
recreational fishing.
Response: The 2010 season will be
shorter than the 2009 season. However,
the 2009 season is not the appropriate
baseline to use for analysis of the effects
of the 2010 TAC increase. The
recreational sector exceeded the red
snapper quota by approximately 2.09
million lb (0.95 million kg) in 2009.
Section 407(d) of the Magnuson-Stevens
Act mandates NMFS to close the
recreational red snapper component of
the Gulf reef fish fishery when the red
snapper quota is met or projected to be
met. Therefore, the correct baseline for
analysis of the expected effects of the
2010 TAC increase is the season that
would be expected to occur in the
absence of the TAC increase and not the
75–day season that occurred in 2009. As
a result, while the 2010 season will be
shorter than the 2009 season and fishing
may not be as profitable, the 2010
season will be longer than the season
that would occur in the absence of the
TAC increase, and economic benefits to
fishing communities will increase
relative to conditions that would occur
in 2010 in the absence of the TAC
increase.
Classification
The Administrator, Southeast Region,
NMFS, determined that the regulatory
amendment is necessary for the
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conservation and management of the red
snapper component of the Gulf reef fish
fishery and that it is consistent with the
Magnuson-Stevens Act and other
applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: April 27, 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 amended
as follows:
■
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
National Oceanic and Atmospheric
Administration
50 CFR Part 679
50 CFR Part 679
[Docket No. 0910131362–0087–02]
[Docket No. 0911161406–0195–04]
RIN 0648–XW20
RIN 0648–AY37
Fisheries of the Economic Exclusive
Zone Off Alaska; Deep-Water Species
Fishery by Vessels Using Trawl Gear in
the Gulf of Alaska
Fisheries of the Exclusive Economic
Zone Off Alaska; Individual Fishing
Quota Program; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
ACTION:
Final rule; correction.
SUMMARY: This action corrects the
SUPPLEMENTARY INFORMATION
section to a final rule published in the
Federal Register on April 20, 2010,
which erroneously waived the 30 day
delay in effective date. A 30–day delay
in effectiveness will allow fishermen to
come into compliance with the terms of
the rule, as was originally intended,
without compromising any other aspect
of the fishery. NMFS will not enforce
the requirement that owners be onboard
vessels unless otherwise required by
statute or regulation.
DATES:
Effective May 3, 2010.
FOR FURTHER INFORMATION CONTACT:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
Patsy A. Bearden, 907–586–7228.
1. The authority citation for part 622
continues to read as follows:
Need for Correction
SUPPLEMENTARY INFORMATION:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.42, paragraphs (a)(1)(i)
introductory text and (a)(2)(i) are
revised to read as follows:
■
§ 622.42
Quotas.
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*
*
*
*
*
(a) * * *
(1) * * *
(i) Red snapper -3.542 million lb
(1.607 million kg), round weight.
*
*
*
*
*
(2) * * *
(i) Recreational quota for red snapper.
The recreational quota for red snapper
is 3.403 million lb (1.544 million kg),
round weight.
*
*
*
*
*
In the final rule, published on April
20, 2010, that revised the Individual
Fishing Quota Program for the sablefish
and halibut fisheries off Alaska (75 FR
20526), make the following correction in
the SUPPLEMENTARY INFORMATION
section. On page 20527, in the second
column, delete this paragraph:
‘‘For the same reasons, the AA finds
good cause under 5 U.S.C. 553(d)(3) to
waive the 30 day delay in effective
date.’’
Dated: April 27, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010–10237 Filed 4–28–10; 4:15 pm]
BILLING CODE 3510–22–S
[FR Doc. 2010–10238 Filed 4–28–10; 4:15 pm]
BILLING CODE 3510–22–S
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AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS is prohibiting directed
fishing for species that comprise the
deep-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary because
the second seasonal apportionment of
the Pacific halibut bycatch allowance
specified for the deep-water species
fishery in the GOA has been reached.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), April 28, 2010, through
1200 hrs, A.l.t., July 1, 2010.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The second seasonal apportionment
of the Pacific halibut bycatch allowance
specified for the deep-water species
fishery in the GOA is 300 metric tons as
established by the final 2010 and 2011
harvest specifications for groundfish of
the GOA (75 FR 11749, March 12, 2010),
for the period 1200 hrs, A.l.t., April 1,
2010, through 1200 hrs, A.l.t., July 1,
2010.
In accordance with § 679.21(d)(7)(i),
the Administrator, Alaska Region,
NMFS, has determined that the second
seasonal apportionment of the Pacific
halibut bycatch allowance specified for
the trawl deep-water species fishery in
the GOA has been reached.
Consequently, NMFS is prohibiting
directed fishing for the deep-water
species fishery by vessels using trawl
gear in the GOA. The species and
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]]>Agencies
[Federal Register Volume 75, Number 84 (Monday, May 3, 2010)]
[Rules and Regulations]
[Pages 23186-23189]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10238]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100217094-0195-02]
RIN 0648-AY57
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement a regulatory
amendment to the Fishery Management Plan for the Reef Fish Resources of
the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery
Management Council (Council). This final rule increases the commercial
and recreational quotas for red snapper and closes the recreational red
snapper component of the Gulf of Mexico (Gulf) reef fish fishery at
12:01 a.m., local time, July 24, 2010. The intended effect of this rule
is to help
[[Page 23187]]
achieve optimum yield by relaxing red snapper harvest limitations
consistent with the findings of the recent stock assessment for this
species.
DATES: This final rule is effective June 2, 2010.
ADDRESSES: Copies of the regulatory amendment, which includes an
environmental assessment and a regulatory impact review, may be
obtained from the Gulf of Mexico Fishery Management Council, 2203 North
Lois Avenue, Suite 1100, Tampa, FL 33607; telephone 813-348-1630; fax
813-348-1711; e-mail gulfcouncil@gulfcouncil.org; or may be downloaded
from the Council's website at https://www.gulfcouncil.org/.
FOR FURTHER INFORMATION CONTACT: Peter Hood, 727-824-5308.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the FMP. The FMP was prepared by the Council and is
implemented through regulations at 50 CFR part 622 under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
On March 30, 2010, NMFS published a proposed rule for the
regulatory amendment and requested public comment (75 FR 15665). The
proposed rule and the regulatory amendment outline the rationale for
the measures contained in this final rule. Additional rationale is
provided here and in the comments and responses section.
Management Measures Contained in this Final Rule
Revisions to Commercial and Recreational Quotas
The regulatory amendment sets the total allowable catch (TAC) for
2010 and subsequent fishing years for Gulf red snapper at 6.945 million
lb (3.150 million kg). Based on the recent red snapper assessment
update, the overfishing limit (OFL), as endorsed by the Council's
Scientific and Statistical Committee (SSC) for 2010 is 9.26 million lb
(4.2 million kg). However, because there is considerable uncertainty
around assessment model results, the SSC recommended an acceptable
biological catch (ABC) of 6.945 million lb (3.150 million kg), which is
25 percent below the OFL, to account for scientific uncertainty and in
accordance with the National Standard 1 Guidelines (74 FR 3178, January
16, 2009). When setting the TAC for red snapper in 2010, the Gulf
Council cannot exceed the ABC recommended by the Council's SSC. Based
on the current commercial and recreational allocations (51 percent
commercial and 49 percent recreational), red snapper TAC is implemented
through this final rule by setting the commercial quota for Gulf red
snapper at 3.542 million lb (1.607 million kg) and the recreational
quota at 3.403 million lb (1.544 million kg).
Closure Date of the Recreational Red Snapper Fishing Season
The Magnuson-Stevens Act requires NMFS to close the recreational
red snapper fishery in Federal waters when the quota is met or
projected to be met. Finalized 2009 recreational landings data indicate
that the recreational red snapper quota is projected to be met on or by
July 23, 2010. Therefore, NMFS will close the recreational red snapper
fishing season at 12:01 a.m., local time, July 24, 2010, which
constitutes a 53-day fishing season. As compared to the recreational
fishing season under the existing 2.45 million lb (1.11 million kg)
quota, and assuming similar effort and catch rates for 2010, the season
would have been 27 to 34 days. However, taking into account the 2.09
million lb (0.95 million kg) quota overage in 2009 and the new 3.403
million lb (1.544 million kg) quota implemented through this final
rule, the recreational fishing season will remain open for 53 days in
2010. These management measures achieve the goal of National Standard 1
of the Magnuson-Stevens Act, which states that conservation and
management measures shall prevent overfishing while achieving, on a
continuing basis, the optimum yield for the fishery.
Comments and Responses
The following is a summary of the comments NMFS received on the
proposed rule and NMFS' respective responses. During the comment
period, NMFS received 260 comments, including 249 from private
citizens, 6 from governmental or civic organizations, 4 from
recreational fishing organizations, and 1 from an environmental group.
Comment 1: The recreational and commercial quotas should be
increased and the season length should either match or exceed the 2009
75-day season.
Response: The 2009 red snapper stock assessment update indicated
that the red snapper stock in the Gulf of Mexico is improving under the
current rebuilding plan. This is consistent with the observations
provided in the comments. Although the stock is still considered
overfished, it is no longer undergoing overfishing and harvest levels
may be increased.
For the recreational fishery, even though the quota will be
increased, a 2010 season of 75 days or more is not justified or
appropriate. The 75-day season in 2009 resulted in an overage of the
recreational quota by approximately 2.09 million lb (0.95 million kg).
Projections indicate that for recreational catch to not exceed the new
3.403 million lb (1.544 million kg) quota in 2010, the season length
may only be 53 days long. If the quota were to remain at 2.45 million
lb (1.11 million kg), projections indicate the fishery could stay open
for 27-34 days.
NMFS used historical landings and changes in regulations to project
the length of the season. Landings information are obtained from the
Marine Recreational Fisheries Statistics Survey, including the for-hire
charter survey; Southeast Fisheries Science Center headboat survey; and
Texas Parks and Wildlife Department charter and private/rental creel
survey. Season lengths are then projected under different management
scenarios. Details of how these data are applied to project season
length may be found at: https://sero.nmfs.noaa.gov/sf/GulfRedSnapperHomepage.htm.
Comment 2: The bag limit should be increased or the size limit
should be decreased because the stock condition is improving or because
of possible increases in discards and discard mortality from the
increased stock abundance.
Response: For the Council and NMFS to increase the bag limit or
reduce the size limit, under an increased quota, the trade off would be
to reduce the length of the season. However, comments received in
response to the proposed rule and comments received by the Council
requested the season remain open for as long as possible. In developing
the regulatory amendment supporting an increase in the total allowable
catch, the Council decided to leave size or bag limits unchanged to
facilitate lengthening the season. The Council and NMFS have addressed
measures to reduce discard mortality in other actions such as the
requirement for dehookers, circle hooks, and venting tools.
Comment 3: The commercial and recreational quotas should be based
on a total allowable catch of 9.26 million lb (4.2 million kg).
Response: Based on the recent red snapper assessment update, the
OFL, as endorsed by the Council's SSC for 2010 is 9.26 million lb (4.2
million kg). The OFL is an estimate of the catch level above which
overfishing is occurring. At its February meeting, the Council voted on
and NMFS is implementing a TAC of
[[Page 23188]]
6.945 million lb, based on the SSC's ABC recommendation, which is 75
percent of the OFL. The ABC is a level of a stock or stock complex's
annual catch that accounts for scientific uncertainty in the estimate
of OFL. Because there is considerable uncertainty around assessment
model results, the SSC determined that setting the ABC at 75 percent of
the OFL would allow the red snapper stock to continue to rebuild within
the rebuilding plan timeframe. Section 302(h)(6) of the Magnuson-
Stevens Act mandates that each Council ``may not exceed the fishing
level recommendations of its SSC'' and section (g)(1)(B) identifies
these fishing level recommendation categories to include: ``ABC,
preventing overfishing, maximum sustainable yield, and achieving
rebuilding strategies.'' Therefore, the greatest level of TAC the
Council may recommend, based on the ABC recommended by the SSC, is
6.945 million lb (3.150 million kg).
Comment 4: Any increase in the commercial quota should be
distributed to individual fishing quota (IFQ) shareholders who have
lower catch histories as a result of having Class 2 licenses (200-lb
(90.7-kg) trip limit).
Response: The current red snapper IFQ program distributes increases
and decreases in the commercial quota among IFQ participants based on
the number of IFQ shares they own. The increased commercial quota will
be distributed proportionately among current red snapper IFQ
shareholders as of the effective date of this final rule, pursuant to
Amendment 26 to the FMP. If any share transfers are pending the day the
rule becomes effective, additional allocation will go to the original
share holder. To change this form of distribution would require a plan
amendment to the Reef Fish FMP and, therefore, is beyond the scope of
the regulatory amendment and this final rule.
Comment 5: The allocation between commercial and recreational
sectors should be changed to favor the recreational fishery.
Response: Allocations in the red snapper component of the Gulf reef
fish fishery (51 percent commercial and 49 percent recreational) used
in the regulatory amendment are based on historical percentages
harvested by user groups during the base period of 1979 to 1987. To
change the current allocation would require a plan amendment to the FMP
and, therefore, is beyond the scope of the regulatory amendment and
this final rule.
Comment 6: The science upon which the recreational season length
estimate is based is unreliable and should not be used to set season
length or estimate recreational levels relative to the quota.
Response: The methods and data used to project the recreational
season length are thoroughly reviewed by the Southeast Fisheries
Science Center to ensure best scientific practices are followed. In
addition, the stock assessment used to estimate the 2010 red snapper
season length is based on the Southeast Data, Assessment, and Review
(SEDAR) process. The SEDAR process was initiated in 2002 to improve the
quality and reliability of fishery stock assessments in the South
Atlantic, Gulf of Mexico, and U.S. Caribbean. The SEDAR process seeks
improvements in the scientific quality of stock assessments, including
attempts to place greater relevance on historical and current
information to address existing and emerging fishery management issues.
This process emphasizes constituent and stakeholder participation in
assessment development, transparency in the assessment process, and a
rigorous and independent scientific review of completed stock
assessments. The SEDAR process is organized around three workshops. The
data workshop documents, analyzes, and reviews data sets to be used for
assessment analyses. The assessment workshop develops and refines
quantitative population analyses and estimates population parameters.
The final workshop is conducted by a panel of independent experts who
review the data and the assessment and recommends the most appropriate
values for critical population parameters and management
considerations. Recent assessments of the red snapper stock were
conducted within this process. All workshops and Council-initiated
meetings to review the assessment were open to the public and included
constituents on the various SEDAR panels that reviewed the data and
provided recommendations on management measures.
Comment 7: The estimate of the number of potentially affected
entities in the for-hire fleet is incorrect; there have never been more
than 1,350 active permits in the fishery.
Response: In the proposed rule, NMFS stated, ``On December 23,
2009, there were 1,266 active Gulf reef fish for-hire permits'' and
``Because of the extended renewal period, numerous permits may be
expired but renewable at any given time of the year. It is estimated
that the total number of permits (and associated vessels) active for
some portion of the entire calendar year is a few hundred more than the
number of permits active on any given date.'' When the moratorium on
for-hire reef fish permits was established in 2003, NMFS initially
issued 1,625 moratorium reef fish permits. NMFS agrees the number of
permits issued has continually declined since then. Since publication
of the proposed rule, NMFS has tabulated the number of unique reef fish
for-hire permits that were valid (non-expired) and, therefore, able to
be fished during the 2009 calendar year. This number is 1,424, or 158
more than the number of active permits reported in the proposed rule.
NMFS believes that some confusion regarding the appropriate totals may
be attributed to conflicting definitions of the term ``active'' in the
context of a permit. The NMFS definition of the term ``active'' refers
to a non-expired permit at a point in time, and does not necessarily
denote a permit for a vessel that actively fished. It is possible that
the comment referred to the number of permits for vessels that actively
fished rather than the number of valid permits. Because logbooks are
not required in this sector, available data do not allow determination
of the number of permits for vessels that actually fished.
Comment 8: Although the recreational quota is being increased, a
reduced season will cause economic harm to fishing communities
dependent on recreational fishing.
Response: The 2010 season will be shorter than the 2009 season.
However, the 2009 season is not the appropriate baseline to use for
analysis of the effects of the 2010 TAC increase. The recreational
sector exceeded the red snapper quota by approximately 2.09 million lb
(0.95 million kg) in 2009. Section 407(d) of the Magnuson-Stevens Act
mandates NMFS to close the recreational red snapper component of the
Gulf reef fish fishery when the red snapper quota is met or projected
to be met. Therefore, the correct baseline for analysis of the expected
effects of the 2010 TAC increase is the season that would be expected
to occur in the absence of the TAC increase and not the 75-day season
that occurred in 2009. As a result, while the 2010 season will be
shorter than the 2009 season and fishing may not be as profitable, the
2010 season will be longer than the season that would occur in the
absence of the TAC increase, and economic benefits to fishing
communities will increase relative to conditions that would occur in
2010 in the absence of the TAC increase.
Classification
The Administrator, Southeast Region, NMFS, determined that the
regulatory amendment is necessary for the
[[Page 23189]]
conservation and management of the red snapper component of the Gulf
reef fish fishery and that it is consistent with the Magnuson-Stevens
Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for this certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: April 27, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 622 is amended as
follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.42, paragraphs (a)(1)(i) introductory text and
(a)(2)(i) are revised to read as follows:
Sec. 622.42 Quotas.
* * * * *
(a) * * *
(1) * * *
(i) Red snapper -3.542 million lb (1.607 million kg), round weight.
* * * * *
(2) * * *
(i) Recreational quota for red snapper. The recreational quota for
red snapper is 3.403 million lb (1.544 million kg), round weight.
* * * * *
[FR Doc. 2010-10238 Filed 4-28-10; 4:15 pm]
BILLING CODE 3510-22-S
