Rule2022-26999
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; Partial Holdback of Commercial Quota for Gag in the Gulf of Mexico
Primary source
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Published
December 13, 2022
Effective
January 1, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this temporary rule to withhold a portion of the commercial allocation of gag for the 2023 fishing year in anticipation of an upcoming rulemaking that would amend the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) by implementing interim measures to reduce overfishing of gag. These interim measures would, in part, reduce the commercial sector annual catch limit (ACL) and quota. This temporary rule will withhold the distribution of gag individual fishing quota (IFQ) allocation on January 1, 2023, to shareholders in the Groupers and Tilefishes IFQ (GT-IFQ) program in the amount equal to the anticipated reduction in the commercial quota.
Full Text
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<title>Federal Register, Volume 87 Issue 238 (Tuesday, December 13, 2022)</title>
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[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Rules and Regulations]
[Pages 76125-76126]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26999]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 170413393-8487-02; RTID 0648-XC555]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Resources of the Gulf of Mexico; Partial Holdback of
Commercial Quota for Gag 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
commercial allocation of gag for the 2023 fishing year in anticipation
of an upcoming rulemaking that would amend the Fishery Management Plan
for the Reef Fish Resources of the Gulf of Mexico (FMP) by implementing
interim measures to reduce overfishing of gag. These interim measures
would, in part, reduce the commercial sector annual catch limit (ACL)
and quota. This temporary rule will withhold the distribution of gag
individual fishing quota (IFQ) allocation on January 1, 2023, to
shareholders in the Groupers and Tilefishes IFQ (GT-IFQ) program in the
amount equal to the anticipated reduction in the commercial quota.
DATES: This temporary rule is effective from January 1, 2023, until
June 1, 2023.
FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#fb9f9a95929e97d5978e9e8988bb95949a9ad59c948d"><span class="__cf_email__" data-cfemail="1276737c7b777e3c7e67776061527c7d73733c757d64">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The reef fish fishery in the Gulf of Mexico
(Gulf) includes gag and 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 Gulf gag fishery is divided into commercial and recreational
sectors, with a stock ACL that is allocated 39 percent to the
commercial sector and 61 percent to the recreational sector. The
commercial sector is managed under the GT-IFQ program and landings are
constrained to the commercial quota, which is reduced from the
commercial ACL. Recreational harvest is currently permitted from June 1
each year until NMFS projects that recreational landings reach the
recreational ACL. If the recreational ACL is exceeded, recreational
harvest is constrained the following year to the recreational annual
catch target (ACT). All weights described in this temporary rule are in
gutted weight.
In January 2022, NMFS notified the Council that gag is overfished
and undergoing overfishing. The Council is developing an amendment to
the FMP to end overfishing and rebuild the stock that NMFS expects to
implement in January 2024. In July 2022, the Council sent a letter to
NMFS recommending interim measures to reduce overfishing for the 2023
fishing year. These interim measures would reduce the gag catch limits
and modify the recreational season. NMFS is working on a proposed
temporary rule to implement the interim measures and expects any final
rule implementing these measures to be effective before the current
recreational season opens on June 1, 2023.
The interim measures would reduce the current commercial ACL and
commercial quota from 1.217 million lb (0.552 million kg) and 939,000
lb (426,000 kg), respectively, to 258,000 lb (117,027 kg) and 199,000
lb (90,265 kg). Under the GT-IFQ program, annual quota is distributed
to IFQ shareholders
[[Page 76126]]
as allocation (including multi-use allocation) 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. Regulations at 50 CFR
622.22(a)(4), authorize NMFS to withhold distribution of IFQ allocation
on January 1 in the amount equal to an expected reduction in the
commercial quota. Accordingly, through this temporary rule NMFS
withholds distribution of the portion of the 2023 commercial quota of
gag equal to the anticipated reduction recommended by the Council.
NMFS notes that the interim measures recommended by the Council
included a commercial quota of 199,157 lb (90,336 kg) for 2023.
However, the analyses supporting the implementation of interim measures
use a commercial quota rounded to the nearest thousand (199,000 lb
(90,265 kg)), consistent with the format of the current gag quota.
Therefore, this temporary rule withholds 740,000 lb (335,658 kg) of
allocation from the current commercial quota of 939,000 lb (425,923
kg). NMFS will distribute the available allocation, including multi-use
allocation, on January 1, 2023.
If NMFS does not implement the interim action and associated
temporary rule by June 1, 2023, then NMFS will distribute the withheld
allocation back to the current shareholders, as determined by the
shares held on the same date that NMFS distributes the withheld IFQ
quota.
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 been subject to notice and public comment, and
the public is aware that the Council requested interim measures to
reduce overfishing for the 2023 fishing year. Therefore, all that
remains is to notify the public that a portion of the commercial gag
allocation in 2023 will be withheld to allow for the implementation of
the interim measures in 2023. Such procedures are contrary to the
public interest because notice and comment would not allow NMFS to
implement the interim measures to reduce overfishing for the 2023
fishing year. If NMFS does not withhold the necessary commercial gag
allocation, shareholders can begin transferring or landing allocation
on January 1, 2023, and NMFS would not be able to retroactively
withdraw allocation from shareholder accounts.
For the reasons previously stated, 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. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: December 8, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-26999 Filed 12-12-22; 8:45 am]
BILLING CODE 3510-22-P
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