Proposed Rule2026-04183
Reef Fish Fishery of the Gulf of America; Amendment 58B
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Published
March 3, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Gulf Council (Council) has submitted Amendment 58B to the Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP) (Amendment 58B) for review, approval, and implementation by NMFS. If approved, Amendment 58 would, for the deep-water grouper (DWG) complex, revise the status determination criteria, sector allocations, and catch limits, set a recreational annual catch limit (ACL), and revise the recreational accountability measure (AM). The purpose of Amendment 58B is to update catch levels, management measures, and sector allocations for the DWG complex consistent with the best scientific information available.
Full Text
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<title>Federal Register, Volume 91 Issue 41 (Tuesday, March 3, 2026)</title>
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[Federal Register Volume 91, Number 41 (Tuesday, March 3, 2026)]
[Proposed Rules]
[Pages 10360-10363]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04183]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BN91
Reef Fish Fishery of the Gulf of America; Amendment 58B
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of fishery management plan
amendment; request for comments.
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SUMMARY: The Gulf Council (Council) has submitted Amendment 58B to the
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Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP)
(Amendment 58B) for review, approval, and implementation by NMFS. If
approved, Amendment 58 would, for the deep-water grouper (DWG) complex,
revise the status determination criteria, sector allocations, and catch
limits, set a recreational annual catch limit (ACL), and revise the
recreational accountability measure (AM). The purpose of Amendment 58B
is to update catch levels, management measures, and sector allocations
for the DWG complex consistent with the best scientific information
available.
DATES: Written comments on Amendment 58B must be received no later than
May 4, 2026.
ADDRESSES: A plain language summary of Amendment 58B is available at
<a href="https://www.regulations.gov/docket/NOAA-NMFS-2026-0661">https://www.regulations.gov/docket/NOAA-NMFS-2026-0661</a>. You may submit
comments on this document, identified by NOAA-NMFS-2026-0661, by either
of the following methods:
<bullet> Electronic Submission: Submit comments electronically via
the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
type NOAA-NMFS-2026-0661 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
<bullet> Mail: Send written comments to Daniel Luers, NMFS
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL
33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period
may not be considered by NMFS. All comments received are part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information, e.g., name, address, etc., confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter N/A in the required fields if you wish to remain
anonymous).
An electronic copy of Amendment 58B is available from <a href="https://www.regulations.gov">https://www.regulations.gov</a> or from the Southeast Regional Office website at:
<a href="https://www.fisheries.noaa.gov/action/amendment-58b-modifications-deep-water-grouper-management-measures">https://www.fisheries.noaa.gov/action/amendment-58b-modifications-deep-water-grouper-management-measures</a>. Amendment 58B includes an
environmental assessment, Regulatory Flexibility Act analysis,
regulatory impact review, and fishery impact statement.
FOR FURTHER INFORMATION CONTACT: Daniel Luers, NMFS Southeast Regional
Office, telephone: 727-824-5305, or email: <a href="/cdn-cgi/l/email-protection#96d2f7f8fff3fab8dae3f3e4e5d6f8f9f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="a7e3c6c9cec2cb89ebd2c2d5d4e7c9c8c6c689c0c8d1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Gulf of America (Gulf) reef fish
fishery, which includes the DWG complex (composed of yellowedge
grouper, snowy grouper, warsaw grouper, and speckled hind) is managed
under the FMP. The FMP was prepared by NMFS and the 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 Magnuson-Stevens Act requires each
regional fishery management council to submit any FMP or FMP amendment
to the Secretary of Commerce (Secretary) for review and approval,
partial approval, or disapproval. The Magnuson-Stevens Act also
requires that NMFS, upon receiving an FMP or FMP amendment, publish an
announcement in the Federal Register notifying the public that the FMP
or amendment is available for review and comment.
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 notice are in pounds
(lb), gutted weight.
The current species composition of the DWG complex (yellowedge
grouper, snowy grouper, warsaw grouper, and speckled hind) was
established in the Generic ACL and AM Amendment to the FMP (76 FR
82044, December 29, 2011). The current catch limits for the complex
were also established in the Generic ACL and AM Amendment based on the
results of a stock assessment for yellowedge grouper (Southeast Data,
Assessment, and Review [SEDAR] 22) and using Tier 3b of the Council's
Acceptable Biological Catch (ABC) Control Rule for the other species.
Tier 3b of the ABC Control Rule uses the mean of the landings from a
representative time series. The current DWG complex overfishing limit
(OFL) and ABC are 1.113 million lb (0.505 million kilogram (kg)) and
1.105 million lb (0.501 million kg), respectively. The DWG complex ACL
equals the ABC. The current maximum sustainable yield (MSY) proxy for
the DWG complex was established in Amendment 48 to the FMP. The MSY
proxy is based on the yield associated with a fishing mortality rate
(F) that would result in a spawning stock biomass (SSB) of 30 percent
of the spawning potential ratio (SPR) (F<INF>30</INF><not-eq>SPR),
where SPR is the ratio of the SSB to its unfished state.
In 2024, a stock assessment of yellowedge grouper was completed
(SEDAR 85) and subsequently reviewed by the Council's Scientific and
Statistical Committee (SSC). SEDAR 85 included recreational data from
the Marine Recreational Information Program (MRIP)--Fishing Effort
Survey (FES) rather than the previously used Marine Recreational
Fishery Statistics Survey (MRFSS). MRIP-FES generally generates higher
recreational effort and harvest estimates than MRFSS because MRIP-FES
is designed to more accurately measure fishing effort.
The results of SEDAR 85 indicate that yellowedge grouper was not
overfished but was experiencing overfishing. The SSC recommended
updated status determination criteria for the DWG complex and new catch
levels that would end overfishing of yellowedge grouper. Because there
are no stock assessments for the three remaining DWG species (snowy
grouper, warsaw grouper, and speckled hind) the SSC recommended new
current catch levels using Tier 3b of the Council's ABC Control Rule
and average landings from 2010 to 2022. Consistent with the data used
in SEDAR 85, recreational landings were calibrated to MRIP-FES. The SSC
also recommended keeping yellowedge grouper in the DWG complex reduce
discard mortality because the species inhabit similar environments.
Thus, the proposed DWG complex OFL of 731,035 lb (331,592 kg) and ABC
of 555,026 lb (251,756 kg) are equal to the sum of the recommended
catch limits for yellowedge grouper based on SEDAR 85 and recommended
catch limits for the other DWG species. Because of the different
recreational landings estimates used to determine the current and
proposed stock complex catch limits, those catch limits are not
directly comparable. However, the proposed catch limits are a
significant reduction for the complex.
Commercial harvest of the DWG complex has been managed under the
Grouper-Tilefish Individual Fishing Quota (IFQ) program since the
program was implemented by Amendment 29 to the FMP in 2010 (74 FR
44732, August 31, 2009). The current commercial quota for the DWG
complex is 1.024 million
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lb (0.464 million kg) and is set 4 percent less than the commercial ACL
of 1.070 million lb (0.485 million kg). The 4 percent buffer allows for
flexibility measures between the other shallow-water grouper (Other
SWG; composed of scamp, yellowmouth grouper, black grouper, and
yellowfin grouper) complex and DWG complex to reduce discards and allow
commercial fishermen to better use the allocation they have in a given
fishing year. The flexibility measures allow a shareholder to land
scamp under their DWG allocation, as long as they have no Other SWG
allocation remaining in their shareholder account or any associated
vessel accounts. These measures also allow a shareholder to land warsaw
grouper or speckled hind under their Other SWG allocation, provided
they have no DWG allocation remaining in their shareholder account or
any associated vessel accounts. The IFQ program acts as the commercial
AM and the DWG complex commercial quota has never been exceeded under
the IFQ program.
Currently, there is no specified recreational ACL for the DWG
complex. However, the commercial ACL is specified as 96.5 percent of
the DWG complex stock ACL, so there is a portion of the stock (total)
ACL which is unallocated. The commercial allocation is based on the
sectors average landings from 2001-2004. At the time the current catch
limits were adopted, the unallocated portion of the stock ACL was
determined to be sufficient to allow historic recreational landings of
the DWG complex to occur. However, recreational landings comprise an
increasing proportion of the total DWG complex landings in recent
years. Therefore, the Council reviewed the allocation in Amendment 58B
and determined it was appropriate to revise the allocation based on the
average recreational landings from the most recent 5 years (2019-2023).
This would result in a commercial allocation of 89.79 percent and a
recreational allocation of 10.21 percent of the complex ACL.
The AM for the recreational sector states that in the year
following an overage of the complex ACL, the recreational sector will
close when combined landings are projected to reach the complex ACL.
Landings have never reached the complex ACL and, thus, no recreational
AM closure has been necessary. However, because the recreational AM is
based on reaching the complex ACL, it could allow overfishing to occur
since the recreational (undefined) catch limit (i.e., the difference
between the complex ACL and the commercial ACL) could be exceeded prior
to the commercial sector harvesting its commercial quota in the IFQ
program. In this scenario, the commercial sector would still be
permitted to harvest their commercial quota, thereby allowing for the
complex ACL to be exceeded. This scenario would be more likely to occur
in the future given the reductions in catch limits proposed in
Amendment 58B and this rule.
Actions Contained in Amendment 58B
To ensure management measures are based on the best scientific
information available, end overfishing of the yellowedge grouper stock,
and achieve the OY of the DWG complex, Amendment 58B would, for the DWG
complex, revise the MSY proxy, OFL, ABC, and sector allocations.
Amendment 58B would also revise the DWG complex ACL, commercial ACL,
and commercial quota, establish a recreational ACL, and revise the
recreational AM.
MSY Proxy, OFL, and ABC
Amendment 58B would revise the MSY proxy, OFL, and ABC for the DWG
complex based on the SSC recommendation. The MSY proxy would be the
yield when fishing at an F that produces an SPR of 40 percent
(F<INF>40</INF><not-eq>SPR). The complex OFL would be 731,035 lb
(331,592 kg), and the ABC would be 555,026 lb (251,756 kg). The complex
ACL would be set equal to the ABC.
Sector Allocations
Currently, the commercial sector is allocated 96.50 percent of the
complex ACL based on the sectors average landings from 2001 to 2004. As
described in Amendment 58B, the sector allocations would be updated
based on the average recreational landings from the most recent 5 years
(2019-2023). This results in a commercial allocation of 89.79 percent
and a recreational allocation of 10.21 percent of the complex ACL. The
Council determined that it was appropriate to adjust the allocations
based on recent recreational landings because this would still allow
the commercial sector to harvest the majority of the DWG complex ACL
while also recognizing the increase in recreational fishing effort.
Catch Limits
Amendment 58B would reduce the current DWG complex ACL from 1.105
million lb (0.501 million kg) to 555,026 lb (251,756 kg). As noted
above, these catch limits are not directly comparable but the proposed
complex ACL is a significant reduction. Amendment 58B would reduce the
commercial ACL from 1.070 million lb (0.485 million kg) to 498,000 lb
(225,889 kg), and the commercial quota would be reduced from 1.024
million lb (0.464 million kg) to 478,000 lb (216,817 kg). As is
currently the case, the proposed commercial quota would be 4 percent
less than the proposed commercial ACL.
Under the IFQ program, the commercial ACL and quota values are
rounded down to the nearest thousand lb (454 kg). This is to ensure
that when allocation is distributed, the distributed allocation does
not exceed the commercial quota. Without rounding, the distributed
allocation could exceed the commercial quota based on how IFQ share
percentages are calculated and the allocation is distributed. For this
reason, the commercial and recreational ACLs do not sum to equal the
complex ACL.
There is currently no specified recreational ACL. Amendment 58B
would set a recreational ACL at 56,668 lb (25,704 kg).
Recreational AM
Amendment 58B would also modify the AM for the recreational sector,
which states that in the year following an overage of the complex ACL,
the recreational sector will close when combined landings reach or are
projected to reach the complex ACL. Amendment 58B would revise the
recreational AM to use a moving 3-year average of DWG complex
recreational landings compared to the average recreational ACL and a
moving 3-year average of DWG total landings compared to the average
complex ACL. If average landings exceed both the average complex ACL
and average recreational ACL, then during the following fishing year,
the length of the recreational fishing season would be reduced to
ensure that the recreational ACL is not exceeded, unless NMFS
determines, based on the best scientific information available, that no
fishing season reduction is necessary. The revised recreational AM
would help constrain recreational landings if needed to prevent
successive overages of the complex ACL, which would reduce the risk of
overfishing.
Proposed Rule for Amendment 58B
A proposed rule to implement Amendment 58B has been drafted. In
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with the FMP, the
Magnuson-Stevens Act, and other applicable law. If that determination
is affirmative,
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NMFS will publish the proposed rule in the Federal Register for public
review and comment.
Consideration of Public Comments
The Council has submitted Amendment 58B for review, approval, and
implementation by the Secretary. Comments on Amendment 58B must be
received no later than May 4, 2026. Comments received during the
respective comment periods, whether specifically directed to Amendment
58B or the proposed rule, will be considered by NMFS in the decision to
approve, partially approve, or disapprove, Amendment 58B. Comments
received after the comment periods will not be considered by NMFS in
this decision. All comments received by NMFS on the amendment or the
proposed rule during their respective comment periods will be addressed
in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 27, 2026.
David R. Blankinship,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-04183 Filed 3-2-26; 8:45 am]
BILLING CODE 3510-22-P
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