Rule2025-23747
Reef Fish Fishery of the Gulf of America; Partial Holdback of Commercial Quota for the Deep-Water Grouper Complex
Primary source
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Published
December 23, 2025
Effective
January 1, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this temporary rule to withhold a portion of the commercial allocation of deep-water grouper (DWG) for the 2026 fishing year in anticipation of the upcoming rulemaking for Amendment 58B to the Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP). If approved and implemented, Amendment 58B would, in part, end overfishing of yellowedge grouper and reduce the DWG commercial annual catch limit (ACL) and commercial quota. This temporary rule will withhold a portion of the distribution of DWG individual fishing quota (IFQ) allocation on January 1, 2026, 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 90 Issue 244 (Tuesday, December 23, 2025)</title>
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[Federal Register Volume 90, Number 244 (Tuesday, December 23, 2025)]
[Rules and Regulations]
[Pages 60015-60016]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23747]
[[Page 60015]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230427-0115]
RTID 0648-XF377
Reef Fish Fishery of the Gulf of America; Partial Holdback of
Commercial Quota for the Deep-Water Grouper Complex
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 deep-water grouper (DWG) for the 2026 fishing
year in anticipation of the upcoming rulemaking for Amendment 58B to
the Fishery Management Plan for the Reef Fish Resources of the Gulf
(FMP). If approved and implemented, Amendment 58B would, in part, end
overfishing of yellowedge grouper and reduce the DWG commercial annual
catch limit (ACL) and commercial quota. This temporary rule will
withhold a portion of the distribution of DWG individual fishing quota
(IFQ) allocation on January 1, 2026, 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, 2026, until
June 1, 2026.
FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#462227282f232a682a33233435062829272768212930"><span class="__cf_email__" data-cfemail="482c2926212d2466243d2d3a3b0826272929662f273e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The reef fish fishery in the Gulf of America
(Gulf) includes DWG and is managed under the FMP. The FMP was prepared
by the Gulf Fishery Management Council (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).
All catch limits in this temporary rule are in pounds (lb) gutted
weight.
In the Gulf, the DWG complex consists of yellowedge grouper, warsaw
grouper, snowy grouper, and speckled hind. Commercial harvest of the
DWG species occurs under the GT-IFQ program and landings are managed to
the commercial quota, which is reduced from the commercial ACL. The
current DWG commercial ACL is 1,070,000 lb (485,000 kg) and the
commercial quota is 1,024,000 lb (464,000 kg), which is 4 percent below
the commercial ACL. The buffer between the commercial ACL and the
commercial quota is in place to account for scientific uncertainty with
the level of discards and to allow for the IFQ flexibility measures
under which some species in the shallow-water grouper complex can be
landed under the DWG quota.
In 2023, the Southeast Data, Assessment, and Review 85 (SEDAR 85)
assessed Gulf yellowedge grouper and indicated that while the stock was
not overfished, it was experiencing overfishing and therefore harvest
must be reduced. The Council's Scientific and Statistical Committee
(SSC) accepted SEDAR 85 as consistent with the best scientific
information available and recommended updated status determination
criteria and catch levels for yellowedge grouper. The Council's SSC
then evaluated the catch limits for the remaining species in the DWG
complex and recommended that their catch levels also be reduced. As a
result of the SSC recommendations, the Council initiated work on
Amendment 58B to, among other measures, end overfishing of yellowedge
grouper and reduce the harvest of the other species in the DWG complex.
The Council approved Amendment 58B at its August 2025 meeting and is
preparing to submit the amendment to NMFS for review. If approved, NMFS
expects any final rule implementing Amendment 58B to be effective no
later than June 1, 2026. Consistent with the SSC's recommendations,
Amendment 58B would reduce the total allowable harvest of DWG. For the
commercial sector, Amendment 58B would reduce the commercial ACL from
1,070,000 lb (485,000 kg) to 498,358 lb (226,051 kg) and the commercial
quota from 1,024,000 lb (464,000 kg) to 478,424 lb (217,009 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
becomes effective after the beginning of the fishing year. Regulations
at 50 CFR 622.22(a)(4), require 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 a portion of the 2026 commercial quota of DWG
equal to the anticipated reduction recommended by the Council in
Amendment 58B.
NMFS will distribute the available DWG allocation of 478,424 lb
(217,009 kg), on January 1, 2026. If NMFS does not implement Amendment
58B, including the revised commercial quota, by June 1, 2026, 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 of the expected quota reduction included in
Amendment 58B. Therefore, all that remains is to notify the public that
a portion of the commercial DWG allocation in 2026 will be withheld to
allow for the implementation of the Amendment 58B in 2026, if approved.
Such procedures are contrary to the public interest because notice and
comment would require delaying the reduction in DWG harvest as
specified in Amendment 58B until 2027. If NMFS does not withhold the
necessary DWG allocation, shareholders can begin transferring or
landing allocation on January 1, 2026, and NMFS would not be able to
retroactively withdraw allocation from shareholder accounts. Delaying
implementation of Amendment 58B until 2027 could allow for continued
overfishing of yellowedge grouper and harvest of other DWG species in
excess of the level supported by the best scientific information
available and recommended by the Council's SSC.
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.
[[Page 60016]]
Authority: 16 U.S.C. 1801 et seq.
Dated: December 19, 2025.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2025-23747 Filed 12-22-25; 8:45 am]
BILLING CODE 3510-22-P
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