Rule2023-26211
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
November 28, 2023
Effective
January 1, 2024
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 2024 fishing year in anticipation of the upcoming rulemaking for Amendment 56 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) that would amend the FMP by implementing measures to end overfishing of gag and establish a rebuilding plan for the stock. These measures would, in part, reduce the commercial sector annual catch limit (ACL) and commercial quota. This temporary rule will withhold the distribution of gag individual fishing quota (IFQ) allocation on January 1, 2024, to shareholders in the Groupers and Tilefishes IFQ (GT-IFQ) program in the amount equal to the anticipated reduction in the commercial quota and set the red grouper multi-use allocation to zero as required when gag is in a rebuilding plan.
Full Text
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<title>Federal Register, Volume 88 Issue 227 (Tuesday, November 28, 2023)</title>
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[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83040-83041]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26211]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230427-0115; RTID 0648-XD523]
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 2024 fishing year in anticipation
of the upcoming rulemaking for Amendment 56 to the Fishery Management
Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) that would
amend the FMP by implementing measures to end overfishing of gag and
establish a rebuilding plan for the stock. These measures would, in
part, reduce the commercial sector annual catch limit (ACL) and
commercial quota. This temporary rule will withhold the distribution of
gag individual fishing quota (IFQ) allocation on January 1, 2024, to
shareholders in the Groupers and Tilefishes IFQ (GT-IFQ) program in the
amount equal to the anticipated reduction in the commercial quota and
set the red grouper multi-use allocation to zero as required when gag
is in a rebuilding plan.
DATES: This temporary rule is effective from January 1, 2024, until
June 1, 2024.
FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#781c1916111d1456140d1d0a0b3816171919561f170e"><span class="__cf_email__" data-cfemail="92f6f3fcfbf7febcfee7f7e0e1d2fcfdf3f3bcf5fde4">[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 approved
and 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. 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. In July 2022, the Council sent a letter to
NMFS recommending interim measures to reduce overfishing beginning in
the 2023 fishing year while the Council developed Amendment 56 to the
FMP to implement permanent measures to end overfishing and rebuild the
stock. The interim measures, effective from May 3, 2023, through May 2,
2024, reduced the gag catch limits and modified the recreational season
(88 FR 27701, May 3, 2023). Therefore, the current commercial ACL and
commercial quota, implemented through those interim measures, are
258,000 lb (117,027 kg) and 199,000 lb (90,265 kg), respectively.
On October 18, 2023, NMFS published an announcement of availability
for Amendment 56 (88 FR 71812, October 18, 2023), and on November 9,
NMFS published a proposed rule to implement Amendment 56 (88 FR 77246,
November 9, 2023). As described in the announcement of availability and
proposed rule, if Amendment 56 is approved and implemented the
commercial ACL and commercial quota for the 2024 fishing year would be
further reduced to 155,000 lb (70,307 kg) and 147,000 lb (66,678 kg).
Under the GT-IFQ program, annual quota is distributed to IFQ
shareholders 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 2024 commercial quota of
gag equal to the anticipated reduction recommended by the Council in
Amendment 56. Because Amendment 56 would also establish a rebuilding
plan for gag, multi-use allocation of red grouper would be set a zero
on implementation. Therefore, through this temporary rule, NMFS will
set the red grouper IFQ multi-use allocation at zero.
NMFS will distribute the available gag allocation, on January 1,
2024.
If NMFS does not implement Amendment 56, including the revised
commercial quota, by June 1, 2024, 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,
[[Page 83041]]
and the public is aware that the Council has submitted Amendment 56 to
end overfishing of gag beginning in the 2024 fishing year. Therefore,
all that remains is to notify the public that a portion of the
commercial gag allocation in 2024 will be withheld to allow for the
implementation of the Amendment 56 in 2024, if approved. Such
procedures are contrary to the public interest because notice and
comment would not allow NMFS to implement the Amendment 56 measures to
end overfishing during the 2024 fishing year. If NMFS does not withhold
the necessary commercial gag allocation, shareholders can begin
transferring or landing allocation on January 1, 2024, and NMFS would
not be able to retroactively withdraw allocation from shareholder
accounts.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 22, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2023-26211 Filed 11-27-23; 8:45 am]
BILLING CODE 3510-22-P
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