Rule2025-14941
Reef Fish Fishery of the Gulf of America; Red Grouper Catch Limits
Primary source
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Published
August 6, 2025
Effective
August 6, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this final temporary rule to promulgate emergency measures, due to recently discovered circumstances to mitigate harmful economic conditions to red grouper fishermen in the Gulf of America (Gulf). As requested by the Gulf Council (Council), NMFS issues this final temporary rule to increase the Gulf red grouper catch limits for the remainder of the 2025 fishing year. The purpose of this emergency action is to allow for increased harvest opportunities in the commercial and recreational sectors, particularly by extending the recreational fishing season and increasing the revenue potential for commercial and charter vessel/headboat (for-hire) fishermen targeting red grouper.
Full Text
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<title>Federal Register, Volume 90 Issue 149 (Wednesday, August 6, 2025)</title>
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[Federal Register Volume 90, Number 149 (Wednesday, August 6, 2025)]
[Rules and Regulations]
[Pages 37804-37807]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14941]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 250729-0132]
RIN 0648-BN85
Reef Fish Fishery of the Gulf of America; Red Grouper Catch
Limits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final temporary rule; emergency action.
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SUMMARY: NMFS issues this final temporary rule to promulgate emergency
measures, due to recently discovered circumstances to mitigate harmful
economic conditions to red grouper fishermen in the Gulf of America
(Gulf). As requested by the Gulf Council (Council), NMFS issues this
final temporary rule to increase the Gulf red grouper catch limits for
the remainder of the 2025 fishing year. The purpose of this emergency
action is to allow for increased harvest opportunities in the
commercial and recreational sectors, particularly by extending the
recreational fishing season and increasing the revenue potential for
commercial and charter vessel/headboat (for-hire) fishermen targeting
red grouper.
DATES: This final temporary rule is effective August 6, 2025 through
December 31, 2025.
ADDRESSES: Electronic copies of the documents in support of this final
temporary rule for emergency action, which includes the Council's
letter to NMFS requesting the emergency action may be obtained from the
Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/action/emergency-rule-increase-catch-limits-gulf-america-red-grouper">https://www.fisheries.noaa.gov/action/emergency-rule-increase-catch-limits-gulf-america-red-grouper</a>.
FOR FURTHER INFORMATION CONTACT: Dan Luers, telephone: 727-824-5305, or
email: <a href="/cdn-cgi/l/email-protection#5d193c33343831731128382f2e1d33323c3c733a322b"><span class="__cf_email__" data-cfemail="397d5857505c5517754c5c4b4a7957565858175e564f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf is managed
under the Fishery Management Plan for the Reef Fish Resources of the
Gulf (FMP). The FMP was prepared by the Council, approved by the
Secretary of Commerce, 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). Section 305(c)
of the Magnuson-Stevens Act provides the legal authority for the
promulgation of emergency regulations (16 U.S.C. 1855(c)).
Executive Order 14172, ``Restoring Names That Honor American
Greatness'' (January 20, 2025), directs that the Gulf of Mexico be
renamed the Gulf of America. Consistent with the order, NMFS uses Gulf
of America to refer to the geographical area previously known as the
Gulf of Mexico, except when a statute or existing regulations
explicitly refer to the ``Gulf of Mexico.'' Relevant to this
rulemaking, existing regulations contained in 50 CFR part 622,
including the heading for that part, refer to the Gulf of Mexico.
Amending the existing regulations in 50 CFR part 622 to reflect the
change to Gulf of America is beyond the scope of this rulemaking.
Background
The Magnuson-Stevens Act requires NMFS and regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield (OY) from federally managed fish stocks. These
mandates are intended to ensure fishery resources are managed for the
greatest overall benefit to the nation, particularly with respect to
providing food production and recreational opportunities, and
protecting marine ecosystems.
Unless otherwise noted, all weights in this final temporary rule
are in gutted weight.
For red grouper, the Southeast Data, Assessment, and Review (SEDAR)
61 stock assessment was completed in 2019. SEDAR 61 used recreational
catch and effort data from the Marine Recreational Information Program
(MRIP)-Fishing Effort Survey (FES), which estimates much greater
recreational harvest than its predecessors, the Marine Recreational
Fisheries Statistics Survey and the MRIP-Coastal Household Telephone
Survey. These prior surveys were used in previous stock assessments and
to specify the initial allocation of the total allowable harvest
between the commercial and recreational sectors. SEDAR 61 determined
that the stock was not overfished or undergoing overfishing, but was
below the target spawning stock biomass. Therefore, the Council
developed, and NMFS implemented, Amendment 53 to the FMP to reduce the
red grouper annual catch limits (ACLs) and annual catch targets (ACTs)
consistent with the assessment results, and adjust the commercial and
recreational allocations of the stock ACL to reflect the change in the
recreational catch estimates produced by MRIP-FES. Amendment 53
allocated 59.3 percent of the stock ACL to the commercial sector and
40.7 percent of the stock ACL to the recreational sector. Amendment 53
also modified the buffers between the ACLs and ACTs, setting the
recreational ACT 9 percent below the recreational ACL and the
commercial ACT (quota) 5 percent below the commercial ACL (87 FR 25573,
May 22, 2022).
After Amendment 53 was implemented, NMFS implemented a framework
action that set the current catch limits, which are slightly higher
than those specified in Amendment 53 (87 FR 40742, July 8, 2022). The
framework action used the sector allocations and ACL-ACT buffers
established in Amendment 53. Based on that framework action, the
current total ACL is 4.96 million pounds (lb) (2.25 million kilograms
(kg)), the commercial ACL and ACT (quota) are 2.94 million lb (1.33
million kg) and 2.79 million lb (1.27 million kg), respectively, and
the recreational ACL and ACT are 2.02 million lb (0.92 million kg) and
1.84 million lb (0.83 million kg), respectively.
The most recent red grouper stock assessment, SEDAR 88, was
completed in 2025. SEDAR 88 replaced the MRIP-FES estimates of Florida
private recreational landings with estimates produced by Florida's
State Reef Fish Survey (SRFS). The Council's Scientific and Statistical
Committee (SSC) determined that this change was appropriate because
greater than 95 percent of all red grouper are landed in Florida.
The results of SEDAR 88 showed an increase in the red grouper stock
size. Based on these results and the Southeast Fisheries Science Center
projections, the SSC recommended an increase in the red grouper
overfishing limit (OFL) from 5.99 million lb (2.72 million kg) to 10.64
million lb (4.83 million kg) and an increase in the acceptable
biological catch (ABC) from 4.96 million lb (2.25 million kg) to 8.28
million lb (3.76 million kg). Because the recommended catch levels are
based on an assessment that used SRFS data they are not directly
comparable to the current catch levels, which are based on an
assessment that used MRIP-FES data. The increase in the allowable
harvest is larger than it appears because SRFS produces estimates that
are lower than the MRIP estimates.
[[Page 37805]]
The red grouper recreational accountability measures (AM) require
the closure of the recreational sector when recreational landings reach
or are projected to reach the recreational ACL (50 CFR
622.41(e)(2)(i)). In addition, if recreational landings exceed the
recreational ACL, NMFS must reduce the length of the recreational
fishing season in that following fishing year by the amount necessary
to ensure red grouper recreational landings do not exceed the
recreational ACT (50 CFR 622.41(e)(2)(ii)). The red grouper commercial
sector is managed through the individual fishing quota (IFQ) program
for groupers and tilefishes in the Gulf. The IFQ program is the
commercial AM, constraining landings to the commercial ACT (quota). The
fishing year for red grouper is January 1 through December 31 (50 CFR
622.7).
Recreational harvest exceeded the red grouper recreational ACL by
approximately 72 percent in 2021, by 35 percent in 2022, and by 25
percent in 2023 even though NMFS implemented progressively shorter
seasons. In 2024, NMFS closed the red grouper recreational sector on
July 1 based on projections of when the 2024 recreational ACT would be
reached (89 FR 35011, May 1, 2024). This resulted in the shortest
recreational red grouper season since the recreational ACL was put in
place in 2009. Despite this early closure, preliminary 2024 landings
estimates indicate that 123 percent of the recreational ACT and 112
percent of the recreational ACL were harvested in 2024. NMFS projects
that the 2025 recreational fishing season would need to close in June
or July to avoid exceeding the 2025 recreational ACT. These shortened
red grouper recreational seasons, combined with significant reductions
to sector catch limits for other species in the FMP (including gag and
greater amberjack), have resulted in reduced recreational fishing
opportunities. The reductions to the commercial catch limits for other
reef fish species and particularly red grouper, have also reduced
revenue opportunities for the commercial sector.
Council Emergency Action Request
In a letter to NMFS dated April 29, 2025, and based on discussion
at its April 2025 meeting, the Council requested that NMFS promulgate
an emergency action as quickly as possible in 2025 to increase the
catch limits for red grouper. The Council's request noted public
testimony from for-hire operators, who described economic hardship
caused by the progressively shorter red grouper seasons and the need to
allow for an increase in the number of trips this year. The Council
also heard from commercial fishermen, who noted that the availability
of additional red grouper allocation would make that allocation more
affordable to those who need to buy additional pounds of fish under the
IFQ system. Consistent with the Council's request, this final temporary
rule will set the stock ACL at 90 percent of the SSC's recommended ABC
and revise corresponding sector ACLs and ACTs based on the sector
allocations and buffers in Amendment 53.
NMFS projects that implementing the increased recreational ACT and
ACL in this final temporary rule will allow the red grouper
recreational fishing season to remain open until the end of the fishing
year (through December 31, 2025). This will allow for increased harvest
opportunities for the recreational sector and increased revenue
opportunities for for-hire businesses. The increase to the commercial
catch limits may decrease allocation prices, which would benefit
commercial fishermen who purchase allocation but reduce profits for
shareholders who sell allocation. Overall, NMFS expects the catch limit
increases in this final temporary rule for emergency measures to have
positive economic and social impacts for both commercial and
recreational fishers who target red grouper in Gulf Federal waters.
Criteria and Justification for Emergency Action
NMFS' Policy Guidelines for the Use of Emergency Rules (62 FR
44421, August 21, 1997) list three criteria for determining whether an
emergency exists. Specifically, NMFS' policy guidelines require that an
emergency: ``(1) Results from recent, unforeseen events or recently
discovered circumstances; and (2) Presents serious conservation or
management problems in the fishery; and (3) Can be addressed through
emergency regulations for which the immediate benefits outweigh the
value of advance notice, public comment, and deliberative consideration
of the impacts on participants to the same extent as would be expected
under the normal rulemaking process.'' NMFS issues this emergency
action in compliance with these guidelines to mitigate economic
hardships to fishermen targeting red grouper in the Gulf.
With respect to the first criterion, the recently discovered
circumstances are the SEDAR 88 stock assessment and the new catch
advice the SSC provided the Council in May 2025, which indicate that
the red grouper stock can support higher harvest levels than permitted
under the current regulations.
The second criterion, which requires a serious conservation or
management problem in the fishery, is satisfied because the measures in
this emergency rule are needed to prevent significant direct economic
loss and preserve a significant economic opportunity that might
otherwise be forgone, as well as prevent significant community impacts
resulting from the reduced opportunity for harvest of key species
managed under the FMP in recent years. Large decreases in catch limits
for species such as gag (a greater than 80 percent reduction in its
stock ACL), greater amberjack (a greater than 80 percent reduction in
its stock ACL), as well as the decrease in the red grouper catch limits
in 2022 has diminished fishing opportunities for the commercial and
recreational sectors. For the recreational sector, if this emergency
rule is not implemented, NMFS projects that a closure for red grouper
would have been required in June or July to constrain harvest to the
current ACT. NMFS projects that the emergency action will allow the
recreational sector to remain open through the end of the 2025 fishing
year, preserving fishing opportunities and preventing significant
community impacts that may result from another earlier closures. For
the commercial sector, NMFS expects the increase in red grouper ACT
(quota) to increase revenue opportunities. Because the red grouper
commercial ACT (quota) will increase, the allocation transfer prices
could decrease, which will be beneficial for some commercial
harvesters. However, it could result in forgone profits for IFQ
shareholders, as well as for fishing businesses that already purchased
allocation at higher prices at the beginning of the year. Overall, NMFS
expects the catch limit increases in this emergency action to have net
positive economic and social impacts for commercial and for-hire
businesses and recreational anglers who target red grouper in the Gulf.
To address the third criterion, NMFS has determined that the
immediate benefit of implementing the emergency action outweighs the
value of advance notice, public comment, and deliberative consideration
of the impacts to the same extent as would be expected under the normal
rulemaking process. Without this emergency action the recreational
fishing season will close much earlier in the year, negatively
impacting for-hire fishermen and private anglers. Commercial fishermen
who harvest red grouper will also be constrained to the lower
commercial ACT (quota). By foregoing the normal
[[Page 37806]]
rulemaking process, this emergency action will immediately allow for
greater harvest by both the commercial and recreational sectors and
provide for an extended recreational fishing season, thus resulting in
economic and social benefits to those who harvest red grouper.
Emergency Measures
This final temporary rule increases the red grouper catch limits.
The OFL is 10.64 million lb (4.83 million kg), the ABC is 8.28 million
lb (3.76 million kg), and the stock ACL is 7.45 million lb (3.38
million kg), which is 90 percent of the ABC. Applying the current
sector allocations of 59.3 percent of the stock ACL to the commercial
sector and 40.7 percent of the stock ACL to the recreational sector,
the commercial ACL is 4.42 million lb (2.00 million kg) and the
recreational ACL is 3.03 million lb (1.37 million kg). Using the
current buffers between the ACLs and ACTs, the commercial ACT (quota)
is 4.20 million lb (1.91 million kg) and the recreational ACT is 2.76
million lb (1.25 million kg). These catch limits will be effective on
the date of publication of this final temporary rule in the Federal
Register, as authorized by section 305(c) of the Magnuson-Stevens Act,
and they will be effective until the end of the 2025 fishing year on
December 31, 2025. This final temporary rule for emergency action will
not be extended past December 31, 2025, and its measures will not be in
effect for the 2026 fishing year. The Council is developing an
amendment to the FMP to revise the red grouper catch limits consistent
with SEDAR 88 and the SSC's recommendations. This amendment will also
consider revising the sector allocations. If approved, NMFS expects any
final rule implementing the amendment to be effective during the 2026
fishing year.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c). The NOAA Assistant Administrator (AA)
for Fisheries has determined that this emergency action is consistent
with the Magnuson-Stevens Act, the FMP, and other applicable law. This
action is being taken pursuant to the emergency provisions of the
Magnuson-Stevens Act and is exempt from Office of Management and Budget
review.
This final temporary rule is not an Executive Order 14192
regulatory action because this action is not significant under
Executive Order 12866.
The AA finds good cause to waive the requirements to provide prior
notice and opportunity for public comment pursuant to the authority set
forth in 5 U.S.C. 553(b)(B). Providing prior notice and opportunity for
public comment on this action would be contrary to the public interest.
As previously discussed, the red grouper recreational sector has
experienced in-season closures every year since 2021. This rule will
provide for-hire fishing businesses and recreational anglers immediate
relief from the recent shortened seasons and reduced fishing
opportunities. If NMFS were to provide prior notice and comment, NMFS
would be unable to implement the increase in the red grouper catch
limits before the current recreational ACT is projected to be met and
an in-season closure is necessary. Immediate implementation of the
increases to the recreational ACL and ACT will allow the recreational
season to remain open through the end of 2025. Additionally, the sooner
the additional commercial ACT (quota) is distributed to shareholders,
the greater the opportunity for IFQ fishermen to harvest the additional
allocation before the end of the year. Further, the increase to the
commercial ACT (quota) will provide immediate and additional fishing
opportunities and potential economic benefits. NMFS received the
Council's request for emergency action at the end of April 2025 and
worked as quickly as possible to compile the relevant information and
documentation needed to implement this action. There is not sufficient
time to provide for notice and public comment and still meet the timing
needs to achieve the action's objectives.
The need to implement these measures immediately for the reasons
stated above also constitutes good cause under authority contained in 5
U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness of the
rule.
This final temporary rule for emergency action is exempt from the
procedures of the Regulatory Flexibility Act because the rule is issued
without opportunity for prior notice and opportunity for public comment
pursuant to 5 U.S.C. 553 or other law. Accordingly, no regulatory
flexibility analysis is required and none has been prepared.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Gulf, Recreational, Red grouper, Reef Fish.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 29, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
622 as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, 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. 622.39:
0
a. Stay paragraph (a)(1)(iii)(C); and
0
b. Add paragraph (a)(1)(iii)(D).
The addition reads as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(iii) * * *
(D) Red grouper. In addition to the provisions in introductory
paragraph (a)(1)(iii) of this section, the red grouper quota for the
2025 fishing year is 4.20 million lb (1.91 million kg), gutted weight,
that is, eviscerated but otherwise whole.
* * * * *
0
3. In Sec. 622.41:
0
a. Stay paragraph (e); and
0
b. Add paragraph (r).
The addition reads as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(r) Red grouper--(1) Commercial sector. The IFQ program for
groupers and tilefishes in the Gulf of Mexico serves as the
accountability measure for commercial red grouper. The commercial ACT
for red grouper is equal to the applicable quota specified in Sec.
622.39(a)(1)(iii)(D). The commercial ACL for red grouper in gutted
weight is 4.42 million lb (2.00 million kg).
(2) Recreational sector. (i) Without regard to overfished status,
if red grouper recreational landings, as estimated by the SRD, reach or
are projected to reach the applicable ACL specified in paragraph
(r)(2)(iv) of this section, the AA will file a notification with the
Office of the Federal Register, to close the recreational sector for
the remainder of the fishing year. On and after the effective date of
such a notification, the bag and possession limit of red grouper in or
from the Gulf EEZ is zero. This bag and possession limit applies in the
Gulf on board a vessel for which a valid Federal charter
[[Page 37807]]
vessel/headboat permit for Gulf reef fish has been issued, without
regard to where such species were harvested, i.e. in state or Federal
waters.
(ii) Without regard to overfished status, and in addition to the
measures specified in paragraph (r)(2)(i) of this section, if red
grouper recreational landings, as estimated by the SRD, exceed the
applicable ACL specified in paragraph (r)(2)(iv) of this section, the
AA will file a notification with the Office of the Federal Register to
maintain the red grouper ACT, specified in paragraph (r)(2)(iv) of this
section, for that following fishing year at the level of the prior
year's ACT, unless the best scientific information available determines
that maintaining the prior year's ACT is unnecessary. In addition, the
notification will reduce the length of the recreational red grouper
fishing season the following fishing year by the amount necessary to
ensure red grouper recreational landings do not exceed the recreational
ACT in the following fishing year.
(iii) If red grouper are overfished, based on the most recent
Status of U.S. Fisheries Report to Congress, and red grouper
recreational landings, as estimated by the SRD, exceed the applicable
ACL specified in paragraph (r)(2)(iv) of this section, the following
measures will apply. In addition to the measures specified in
paragraphs (r)(2)(i) and (ii) of this section, the AA will file a
notification with the Office of the Federal Register, at or near the
beginning of the following fishing year to reduce the ACL for that
following year by the amount of the ACL overage in the prior fishing
year, and reduce the ACT, as determined in paragraph (r)(2)(ii) of this
section, by the amount of the ACL overage in the prior fishing year,
unless the best scientific information available determines that a
greater, lesser, or no overage adjustment is necessary.
(iv) The recreational ACL for red grouper in gutted weight is 3.03
million lb (1.37 million kg). The recreational ACT for red grouper in
gutted weight is 2.76 million lb (1.25 million kg).
[FR Doc. 2025-14941 Filed 8-5-25; 8:45 am]
BILLING CODE 3510-22-P
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