Rule2021-27249
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Grouper Commercial Quota Holdback in the Gulf of Mexico
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 16, 2021
Effective
January 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this temporary rule to withhold a portion of the red grouper commercial allocation for the 2022 fishing year in anticipation of an upcoming rulemaking that would, among other measures, reduce the commercial annual catch limit (ACL) and annual catch target (ACT) through Amendment 53 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). This action would withhold the distribution of red grouper and gag multi-use individual fishing quota (IFQ) allocation on January 1, 2022, in the amount equal to the anticipated reduction in the allocation for shareholders in the groupers and tilefishes IFQ (GT-IFQ) program.
Full Text
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<title>Federal Register, Volume 86 Issue 239 (Thursday, December 16, 2021)</title>
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[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Rules and Regulations]
[Pages 71392-71393]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27249]
[[Page 71392]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 170413393-8487-02]
RTID 0648-XB607
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Grouper Commercial Quota
Holdback in the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; commercial quota holdback.
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SUMMARY: NMFS issues this temporary rule to withhold a portion of the
red grouper commercial allocation for the 2022 fishing year in
anticipation of an upcoming rulemaking that would, among other
measures, reduce the commercial annual catch limit (ACL) and annual
catch target (ACT) through Amendment 53 to the Fishery Management Plan
for the Reef Fish Resources of the Gulf of Mexico (FMP). This action
would withhold the distribution of red grouper and gag multi-use
individual fishing quota (IFQ) allocation on January 1, 2022, in the
amount equal to the anticipated reduction in the allocation for
shareholders in the groupers and tilefishes IFQ (GT-IFQ) program.
DATES: This temporary rule is effective from 12:01 a.m., local time, on
January 1, 2022, through 12:01 a.m., local time, on June 1, 2022.
FOR FURTHER INFORMATION CONTACT: Peter Hood, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#3f4f5a4b5a4d115750505b7f51505e5e11585049"><span class="__cf_email__" data-cfemail="79091c0d1c0b571116161d3917161818571e160f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Gulf of Mexico (Gulf) reef fish fishery,
which includes red grouper, is managed under the FMP. The FMP was
prepared by the Gulf of Mexico Fishery Management Council (Council) and
is implemented by NMFS through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
The Council has submitted Amendment 53 to the FMP for review,
approval, and implementation by NMFS. If approved by the Secretary of
Commerce (Secretary), Amendment 53 would modify the allocation of Gulf
red grouper catch between the commercial and recreational sectors,
specify a lower overfishing limit and acceptable biological catch, and
reduce both sectors' ACLs and ACTs. The final rule for Amendment 53 is
not expected to be effective until after January 1, 2022, but prior to
June 1, 2022. With respect to the commercial ACL and ACT, Amendment 53
proposes to reduce the current commercial ACL from 3.16 million lb
(1.43 million kg) to 2.53 million lb (1.15 million kg) and the current
commercial ACT from 3.00 million lb (1.36 million kg) to 2.40 million
lb (1.09 million kg).
Amendment 36A to the FMP addressed how to distribute allocation to
IFQ shareholders in years in which there is an anticipated reduction of
the commercial allocation (83 FR 27297; June 12, 2018). This situation
would generally occur if the Council approved an action to reduce the
commercial allocation for any IFQ species or multi-species share
category but NMFS could not complete the associated rulemaking before
January 1, the start of the fishing year. Under the GT-IFQ program,
annual allocation is distributed to IFQ shareholders on January 1, and
most IFQ program participants begin to use or transfer their allocation
early in each year. After shareholders begin transferring or landing
allocation, NMFS is not able to retroactively withdraw allocation from
shareholder accounts if a commercial quota decrease became effective
after the beginning of the fishing year. Thus, Amendment 36A and the
regulations at 50 CFR 622.22(a)(4) allow NMFS to anticipate a decrease
in the commercial allocation of GT-IFQ species or multi-species share
categories after the start of a fishing year and withhold distribution
of allocation equal to the amount of the expected decrease. NMFS would
distribute the remaining portion of the annual allocation to
shareholders on January 1. If the final rule to implement the
associated commercial allocation reduction is not effective by June 1,
2022, then NMFS would distribute the withheld allocation back to the
current shareholders, as determined on the date the withheld IFQ
allocation is distributed.
The Amendment 53 notice of availability published on December 9,
2021, and solicits public comments through February 7, 2021 (86 FR
70078, December 9, 2021). NMFS anticipates publishing a proposed rule
to implement Amendment 53 shortly with a 30-day public comment period.
NMFS must approve, partially approve, or disapprove Amendment 53 by
March 9, 2021 (16 U.S.C. 1854(a)). Therefore, to allow the catch limits
in Amendment 53 to be effective for the 2022 fishing year, this
temporary rule will withhold 0.60 million lb (0.27 million kg) from the
commercial allocation of 3.00 million lb (1.36 million kg) on January
1, 2022. In addition, this temporary rule will withhold 30,048 lb
(13,630 kg) from the commercial gag multi-use allocation of 159,582 lb
(72,385 kg) on January 1, 2022. The gag multi-use quota is calculated
by the following equation:
gag multi-use allocation = 100 * ((red grouper commercial ACL-red
grouper commercial quota)) / (gag commercial quota)
where the gag commercial quota is 939,000 lb (425,923 kg). If NMFS
disapproves Amendment 53 or Amendment 53 is not implemented by June 1,
2022, NMFS will distribute withheld red grouper and gag multi-use IFQ
allocation to current shareholders based on the date the withheld IFQ
allocation is distributed.
It is unnecessary to take any action with respect to the
recreational ACL and ACT at this time because, if necessary, NMFS will
constrain recreational landings to the applicable catch limit through a
temporary rule during the 2022 fishing year to close the recreational
sector. The analysis in Amendment 53 indicates that the earliest NMFS
would expect to close the recreational sector would be the end of July
2022, with a closure most likely in November or December of 2022.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is taken under 50 CFR 622.22(a)(4), which was
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is
exempt from review under Executive Order 12866, and other applicable
laws.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment is unnecessary and contrary to the public interest. Such
procedures are unnecessary because the regulation at 50 CFR
622.22(a)(4) has already has already been subject to notice and public
comment, and the public is aware that NMFS is reviewing Amendment 53
for approval and implementation. Therefore, all that remains is to
notify the public that a portion of the commercial Gulf red grouper and
the gag multi-use IFQ allocation in 2022 will be withheld to allow for
the implementation of
[[Page 71393]]
Amendment 53 in 2022, if approved. Such procedures are contrary to the
public interest because notice and comment would require delaying the
reduction in the commercial and recreational ACLs and ACTs specified in
Amendment 53 until 2023. If NMFS does not withhold the necessary
commercial red grouper and multi-use IFQ allocation, shareholders can
begin transferring or landing allocation on January 1, 2022, and NMFS
would not be able to retroactively withdraw allocation from shareholder
accounts. Delaying implementation of Amendment 53 until 2023 would
allow harvest in excess of the level supported by the best scientific
information available and recommended by the Council's Scientific and
Statistical Committee.
For the aforementioned reasons, the NMFS Assistant Administrator
also finds good cause to waive the 30-day delay in the effectiveness of
this action under 5 U.S.C. 1801 et seq.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 13, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-27249 Filed 12-15-21; 8:45 am]
BILLING CODE 3510-22-P
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