Rule2022-17157
Reef Fish Fishery of the Gulf of Mexico; 2022 Recreational Accountability Measure and Closure for Gulf of Mexico Red Grouper
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
August 10, 2022
Effective
August 30, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS implements an accountability measure (AM) for the red grouper recreational sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2022 fishing year through this temporary rule. NMFS has projected that the 2022 recreational annual catch target (ACT) for Gulf red grouper will have been reached by August 30, 2022. Therefore, NMFS closes the recreational sector for Gulf red grouper on August 30, 2022, and it will remain closed through the end of the fishing year on December 31, 2022. This closure is necessary to protect the Gulf red grouper resource.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 153 (Wednesday, August 10, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Rules and Regulations]
[Pages 48610-48611]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17157]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100217095-2081-04; RTID 0648-XC199]
Reef Fish Fishery of the Gulf of Mexico; 2022 Recreational
Accountability Measure and Closure for Gulf of Mexico Red Grouper
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure (AM) for the red
grouper recreational sector in the exclusive economic zone (EEZ) of the
Gulf of Mexico (Gulf) for the 2022 fishing year through this temporary
rule. NMFS has projected that the 2022 recreational annual catch target
(ACT) for Gulf red grouper will have been reached by August 30, 2022.
Therefore, NMFS closes the recreational sector for Gulf red grouper on
August 30, 2022, and it will remain closed through the end of the
fishing year on December 31, 2022. This closure is necessary to protect
the Gulf red grouper resource.
DATES: This temporary rule is effective from 12:01 a.m., local time, on
August 30, 2022, until 12:01 a.m., local time, on January 1, 2023.
FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional
Office, telephone: 727-551-5719, email: <a href="/cdn-cgi/l/email-protection#3d595c53545851135148584f4e7d53525c5c135a524b"><span class="__cf_email__" data-cfemail="1377727d7a767f3d7f66766160537d7c72723d747c65">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery,
which includes red grouper, under the Fishery Management Plan for the
Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared
by the Gulf of Mexico Fishery Management Council and is implemented by
NMFS under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) through regulations at 50 CFR
part 622. All red grouper weights discussed in this temporary rule are
in gutted weight.
Following a recent red grouper stock assessment, NMFS implemented
Amendment 53 to the Reef Fish FMP (87 FR 25573, May 2, 2022), which
modified the allocation between the commercial and recreational
sectors, and the sector catch limits. The new assessment incorporated
updated historical recreational landings estimates calibrated to the
Marine Recreational Information Program (MRIP) Fishing Effort Survey
(FES), the current method for estimating recreational effort. The
previous recreational catch limits were based on an assessment that
incorporated the historical recreational landings estimates generated
using the prior (MRIP) Coastal Household Telephone Survey (CHTS), which
produced significantly lower estimates of recreational effort. Under
Amendment 53, the recreational annual catch limit (ACL) is 1.73 million
lb (0.78 million kg) and the recreational ACT is 1.57 million lb (0.71
kg)(in MRIP FES units). Subsequent to the Amendment 53 final rule, NMFS
implemented a final rule for a framework action under the FMP (87 FR
40742, July 8, 2022) which further revised the red grouper recreational
ACL to 2.02 million lb (0.92 million kg) and the ACT to 1.84 million lb
(0.83 million kg). This rule is effective August 8, 2022.
The Gulf red grouper recreational ACL was exceeded in 2021 by
approximately 0.72 million lb (0.33 million kg) or 72 percent of the
recreational ACL. As specified in 50 CFR 622.41(e)(2)(ii), in the year
following a recreational ACL overage, NMFS is required to maintain the
red grouper ACT in that following fishing year at the level of the
prior year's ACT, unless the best scientific information available
determines that maintaining
[[Page 48611]]
the prior year's ACT is unnecessary. In addition, NMFS is required to
reduce the length of that following year's recreational fishing season
to ensure that the recreational ACT is not exceeded in that following
year.
Although the regulations refer to maintaining the prior year's ACT,
the 2021 ACT is not consistent with catch limits established in
Amendment 53 and the 2022 red grouper framework action because it was
derived from an assessment that used the outdated MRIP CHTS historical
recreational landings estimates and the prior commercial-recreational
allocation. In addition, as explained in the final rule implementing
Amendment 53, the 2021 ACT, which is 0.92 million lb (0.42 million kg)
in MRIP CHTS units, would be 1.93 million lb (0.88 million kg) in MRIP
FES units (87 FR at 25574). This is greater than the current 2022 ACT
of 1.84 million lb (0.83 million kg), and implementing a closure based
on the greater ACT would increase the likelihood of exceeding the 2022
recreational ACL. Therefore, this closure is based on the projection of
when the newly implemented ACT for 2022 will be reached. Based on data
from January-April 2022, and on the average harvest rates for the 2020
and 2021 recreational fishing years, NMFS projects that the 2022
recreational ACT for Gulf red grouper will be reached as of August 30,
2022. NMFS used a 2-year average for the projected harvest rates
because NMFS determined that it is most representative of current
conditions. The catch rate in 2021 was higher than the catch rate in
2020. However, the harvest of red grouper from January through April of
2022 was lower than in 2021, and the price of fuel may be contributing
to less boating/fishing activity to date in 2022. Accordingly, this
temporary rule closes the recreational sector for Gulf red grouper
effective at 12:01 a.m., local time, on August 30, 2022, through the
end of the fishing year on December 31, 2022.
During the recreational closure, the bag and possession limits for
red grouper in or from the Gulf EEZ are zero. The prohibition on
possession of Gulf red grouper also applies in Gulf state waters for
any vessel issued a valid Federal charter vessel/headboat permit for
Gulf reef fish.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(e)(2)(i), which
was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and
is exempt from review under Executive Order 12866.
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 regulations associated with the
closure of the red grouper recreational sector at 50 CFR
622.41(e)(2)(i) have already been subject to notice and public comment,
and all that remains is to notify the public of the closure. Prior
notice and opportunity for public comment are contrary to the public
interest because there is a need to immediately implement this action
to protect the red grouper stock. Prior notice and opportunity for
public comment would require time and could result in a harvest well in
excess of the established ACT and ACL.
For the aforementioned reasons, the Assistant Administrator also
finds good cause to waive the 30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: August 5, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-17157 Filed 8-5-22; 4:15 pm]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 10, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.