Proposed Rule2026-05267
Reef Fish Fishery of the Gulf of America; Shallow-Water Grouper Management Measures
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Published
March 18, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to implement management measures described in a framework action under the Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP), as prepared by the Gulf Council (Council). If implemented, this proposed rule would modify the Gulf of America (Gulf) Other Shallow-Water Grouper (SWG) complex catch limits, and would set a recreational fixed-closed season for Gulf Other SWG. The purpose of this proposed rule is to reduce harvest of Gulf scamp and yellowmouth grouper while the Council develops Amendment 58A to the FMP, which considers additional Other SWG management measures.
Full Text
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<title>Federal Register, Volume 91 Issue 52 (Wednesday, March 18, 2026)</title>
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[Federal Register Volume 91, Number 52 (Wednesday, March 18, 2026)]
[Proposed Rules]
[Pages 12989-12992]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05267]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 260224-0055]
RIN 0648-BN84
Reef Fish Fishery of the Gulf of America; Shallow-Water Grouper
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to implement management measures described in a
framework action under the Fishery Management Plan for the Reef Fish
Resources of the Gulf (FMP), as prepared by the Gulf Council (Council).
If implemented, this proposed rule would modify the Gulf of America
(Gulf) Other Shallow-Water Grouper (SWG) complex catch limits, and
would set a recreational fixed-closed season for Gulf Other SWG. The
purpose of this proposed rule is to reduce harvest of Gulf scamp and
yellowmouth grouper while the Council develops Amendment 58A to the
FMP, which considers additional Other SWG management measures.
DATES: Written comments must be received on or before April 17, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket">https://www.regulations.gov/docket</a>[NOAA-NMFS-2025-1065]. You may
submit comments on this document, identified by [NOAA-NMFS-2025-1065],
by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type [NOAA-NMFS-2025-1065], in the Search box.
Click the ``Comment'' icon, complete the required fields, and enter or
attach your comments.
<bullet> Mail: Submit written comments to Dan Luers, Southeast
Regional Office, NMFS, 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 a 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), 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).
Electronic copies of the framework action, which includes an
environmental assessment, a fishery impact statement, a Regulatory
Flexibility Act (RFA) analysis, and a regulatory impact review, may be
obtained from the Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/action/modifications-other-shallow-water-grouper-complex-management-measures">https://www.fisheries.noaa.gov/action/modifications-other-shallow-water-grouper-complex-management-measures</a>.
FOR FURTHER INFORMATION CONTACT: Dan Luers, telephone: 727-824-5305, or
email: <a href="/cdn-cgi/l/email-protection#85e1e4ebece0e9abe9f0e0f7f6c5ebeae4e4abe2eaf3"><span class="__cf_email__" data-cfemail="375356595e525b195b42524544775958565619505841">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes
the Other SWG complex (composed of scamp, yellowmouth grouper, black
grouper, and yellowfin grouper), is managed under the FMP. The FMP was
prepared by the Council and NMFS, 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 proposed rule are in pounds (lb) gutted
weight.
Background
The Magnuson-Stevens Act requires NMFS and the regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield 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 to
protect marine ecosystems.
Scamp, yellowmouth grouper, black grouper, and yellowfin grouper
were assigned to the Other SWG complex in the Generic Annual Catch
Limits (ACL) and Accountability Measures (AM) Amendment (Generic ACL/AM
Amendment) (76 FR 82044, December 29, 2011). These species were grouped
into this complex for management proposes based on their similar
fishery characteristics, such as habitat and harvest methods. The Other
SWG stock complex ACL is set equal to the complex acceptable biological
catch (ABC) which is currently 710,000 lb
[[Page 12990]]
(322,051 kilograms (kg)) (50 CFR 622.41(c)(3)).
Commercial harvest of Other SWG species has been managed under the
Grouper-Tilefish Individual Fishing Quota (IFQ) program since 2010 (74
FR 44732, August 31, 2009). The Generic ACL/AM Amendment apportioned
the commercial sector a specified amount of the stock complex ACL based
on historical harvest to allow the commercial sector to continue to
operate under the IFQ program. The current commercial ACL is 547,000 lb
(248,115 kg) and the commercial annual catch target (ACT, or quota) is
525,000 lb (238,136 kg), which is 4 percent below the commercial ACL.
The buffer between the commercial quota and the commercial ACL was put
in place to account for scientific uncertainty with the level of
discards and allow for the IFQ flexibility measures under which some
species in the deep-water grouper complex can be landed under the Other
SWG quota. The Other SWG commercial quota has never been exceeded under
the IFQ program.
Recreational fishing for all Other SWG species occurs throughout
the Gulf except for black grouper, which more commonly occurs in the
southeastern Gulf off Florida. There is no defined ACL for the
recreational sector for the Other SWG complex. In defining the
commercial apportionment, the Generic ACL/AM Amendment recognized that
the difference between the stock complex ACL and the commercial ACL
would allow for recreational harvest consistent with the historical
levels. However, in recent years, recreational landings comprise an
increasing proportion of overall landings for this complex. The
recreational AM is linked to the stock complex ACL, and states that in
the year following an overage of the stock complex ACL, recreational
fishing will close when the stock complex ACL is projected to be
reached. Because total landings have never reached the Other SWG stock
complex ACL, the recreational AM has never been triggered. However,
because the AM is based on reaching the stock complex ACL and the IFQ
system allows commercial landings to occur year-round, this
recreational AM may not effectively constrain harvest to the stock
complex ACL if catch limits are reduced, as would occur under this
proposed rule.
Until recently, no peer-reviewed stock assessment was available to
inform stock status determinations for any Other SWG species. In 2022,
the Southeast Data, Assessment, and Review 68 (SEDAR 68) assessed scamp
and yellowmouth grouper together and indicated that harvest must be
reduced. The Council's Scientific and Statistical Committee (SSC)
accepted SEDAR 68 as consistent with the best scientific information
available and recommended updated status determination criteria and
catch levels for these two stocks. Black grouper and yellowfin grouper
stocks could not be assessed due to a lack of the data necessary to
accurately assess population metrics of these species in the Gulf.
In response to the SSC recommendations for scamp and yellowmouth
grouper, the Council initiated work on Amendment 58A to the FMP
(Amendment 58A), which considers dissolving the Other SWG complex and
creating two new complexes, one for scamp and yellowmouth grouper and
another for black grouper and yellowfin grouper, and setting catch
limits for these new complexes. Amendment 58A also considers changes to
the commercial IFQ program to reflect the two new complexes as well as
other management measures. In recognition of the complexity of
Amendment 58A and the additional time required for its development and
implementation, the Council developed the current framework action to
reduce harvest of scamp and yellowmouth grouper, consistent with the
SSC recommendations, until Amendment 58A can be completed. The Council
had been scheduled to approve Amendment 58A at its January 2026 meeting
but decided to delay action pending the results of the Marine
Recreational Information Program-Fishing Effort Survey pilot study,
which may better inform the catch level recommendations in the
amendment. Information on this study can be found at <a href="https://www.fisheries.noaa.gov/recreational-fishing-data/fishing-effort-survey-research-and-improvements">https://www.fisheries.noaa.gov/recreational-fishing-data/fishing-effort-survey-research-and-improvements</a>.
This proposed rule and the framework action would reduce the
current Gulf Other SWG complex ABC and stock complex ACL by 54.7
percent, which is based on the results of SEDAR 68 and the SSC original
catch limit recommendations. The SSC reviewed updated SEDAR 68
projections information in May 2025 and provided new, slightly lower
catch limit recommendations that are addressed in Amendment 58A but
could not be incorporated into the current action because of the need
to finalize the framework action at the June 2025 Council meeting. The
proposed rule and the framework action would also implement a
recreational fixed-closed season that is based on the predicted number
of days needed to harvest the portion of the stock complex ACL
available to the recreational sector (the difference between the stock
complex ACL and commercial ACL). Currently, the Other SWG recreational
season is open year-round, except for a SWG closure that is in place
from February 1 through March 31 inshore of the 20-fathom rhumb line
(50 CFR 622.24(d)). The measures in this proposed rule and the
framework action are expected to reduce recreational harvest and reduce
the likelihood of overfishing of scamp and yellowmouth grouper while
additional management measures in response to SEDAR 68 are developed in
Amendment 58A.
Management Measures Contained in This Proposed Rule
If implemented, this proposed rule would revise the stock complex
and commercial ACL and quota (ACT) and set a recreational fixed closed
season for the Other SWG complex.
ACLs and ACT
Based on the results of SEDAR 68 and as described in the framework
action, this proposed rule would reduce the stock complex ACL from
710,000 lb (322,051 kg) to 322,000 lb (146,057 kg), the commercial ACL
from 547,000 lb (248,115 kg) to 255,000 lb (115,666 kg), and the
commercial quota from 525,000 lb (238,136 kg) to 245,000 lb (111,130
kg). The commercial ACL and quota are rounded down to the nearest
thousand lb (454 kg) from those presented in the framework action. This
is done under the IFQ program 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.
NMFS expects the proposed catch limit reductions to result in
reduced harvest and mortality of scamp and yellowmouth grouper, which
would not occur under the status quo catch limits. Although commercial
landings have never exceeded the proposed commercial quota and are
expected to remain below the proposed quota in future years, these
catch limits, when combined with the proposed recreational fixed-closed
season, are expected to reduce mortality of scamp and yellowmouth
grouper while the Council and NMFS work to implement Amendment 58A.
Recreational Fixed Closed Season
For the Other SWG complex, there is no recreational seasonal
closure currently in place. This proposed rule
[[Page 12991]]
would implement a recreational fixed closed season of January 1 through
June 30, each year, resulting in an open season from July 1 through
December 31, each year. During the proposed recreational closed season,
the recreational harvest of Other SWG would be prohibited and the bag
and possession limits for Other SWG in or from Gulf Federal waters
would be zero.
The Council recommended implementation of a recreational fixed-
closed season to reduce the recreational harvest of Other SWG
consistent with the proposed reduction in the stock complex ACL. The
framework action describes the method used to determine the proposed
closed season, which is based on a July 1 opening and the predicted
number of fishing days the recreational sector would need to harvest
the amount of the stock complex ACL not allocated to the commercial IFQ
program. The Council selected the July open date to provide some access
during the summer but prevent harvest in June when historical landings
have been the greatest and prevent overlap with the start of the
Federal for-hire red snapper season when angler effort is very high.
The proposed fixed-closed season is expected to result in substantially
reduced effort and harvest by the recreational sector, which would help
reduce the likelihood of overfishing scamp and yellowmouth grouper.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the framework action, the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable laws, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. This proposed rule is not an
Executive Order 14192 regulatory action because this rule is not
significant under Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this certification follows. A copy of the full
analysis is available from NMFS (see ADDRESSES). All monetary estimates
in the following analysis are in 2024 dollars.
A description of this proposed rule, why it is being considered,
and the objectives of this proposed rule are contained in the SUMMARY
and SUPPLEMENTARY INFORMATION sections of this proposed rule.
The Magnuson-Stevens Act provides the statutory basis for this
proposed rule. No duplicative, overlapping, or conflicting Federal
rules have been identified. In addition, no new reporting, record-
keeping, or other compliance requirements are introduced by this
proposed rule. This proposed rule contains no information collection
requirements under the Paperwork Reduction Act of 1995.
This proposed rule would reduce the Other SWG stock complex ACL
from 710,000 lb (322,051 kg) to 322,000 lb (146,057 kg) and reduce the
commercial ACL from 547,000 lb (248,115 kg) to 255,000 lb (115,666 kg).
The commercial ACT (quota) would be set at 245,000 lb (111,130 kg).
This proposed rule would also establish a recreational fixed closed
season for the Other SWG complex, with the recreational season set to
open July 1 and to close on December 31. The proposed reduction in the
Other SWG stock complex ACL would apply to SWG IFQ shareholders, as
well as commercial fishing businesses, charter vessel and headboat
(for-hire) fishing businesses, and recreational anglers that fish for
Other SWG species in Federal waters of the Gulf. The proposed
establishment of a recreational fixed closed season would apply only to
recreational anglers and for-hire fishing businesses that fish for
these species in Federal waters of the Gulf.
The RFA requires NMFS to describe the impact of the proposed rule
on small entities (5 U.S.C. 603). Small entities include small
businesses, small organizations, and small governmental jurisdictions
(5 U.S.C. 601(3)-(6)). Recreational anglers are not businesses,
organizations, or governmental jurisdictions, so they are outside the
scope of this analysis.
Although this proposed rule would apply to for-hire vessels, it
would not be expected to have any direct effects on these entities.
From 2019 through 2023, there were an average of 2,447 target trips by
charter mode for Other SWG in the Gulf, which accounts for just over 5
percent of all recreational target trips for Other SWG in the Gulf. In
contrast, an average of 47,841 catch trips by charter mode for Other
SWG in the Gulf were made from 2019-2023. This indicates that Other SWG
fish are incidentally harvested species and for-hire vessels do not
sell targeted trips for these fish. Therefore, NMFS does not expect the
proposed changes to the Other SWG complex management measures to
directly alter the services sold by these vessels. Any change in demand
for these fishing services, and associated economic effects, as a
result of this proposed rule would be a consequence of a change in
anglers' behavior, secondary to any direct effect on anglers and,
therefore, an indirect effect of the proposed rule. This indirect
effect would fall outside the scope of the RFA. In summary, only the
impacts on commercial fishing businesses will be discussed in this
proposed rule.
As of July 8, 2021, there were 825 limited access valid or
renewable Gulf reef fish permits. In order to commercially harvest
species in the Other SWG complex, a vessel permit must be linked to an
IFQ account and the account must possess sufficient allocation for the
complex. IFQ accounts can be opened and valid permits can be linked to
IFQ accounts at any time during the year. Eligible vessels can receive
Other SWG complex allocation from other IFQ participants. On average
from 2019 through 2023, there were 693 IFQ accounts that held Other SWG
allocation and 490 that held Other SWG shares. During the same period,
there were 301 federally permitted commercial vessels, on average each
year, with reported landings of Other SWG species in the Gulf. Their
average annual vessel-level gross revenue from all species for 2019
through 2023 was approximately $225,556 and Other SWG landings
accounted for approximately 2 percent of this revenue. The maximum
annual revenue from all species reported by a single one of the
commercial vessels that landed Gulf Other SWG species from 2019 through
2023 was approximately $4.55 million in 2023. Economic profits for
these commercial vessels are estimated to be 34.8 percent of their
annual gross revenue, on average, or $78,493 per vessel during this
period. Although many fishing businesses own only one permitted vessel,
some hold or own multiple permits and vessels. Because complete
ownership data for vessels that harvest Other SWG are currently
unavailable, for the purposes of this analysis, NMFS assumes each of
these 301 vessels is independently owned by a single business. This
assumption is expected to result in an overestimate of the actual
number of businesses directly regulated by this proposed rule.
Additionally, 362 IFQ shareholder accounts, on average from 2019
through 2023, possessed Other SWG shares but did not report any
landings of Other SWG species. These shareholders either transferred
Other SWG allocation only or were inactive in the fishery. NMFS assumes
that each of these accounts is
[[Page 12992]]
independently owned by a single business as well. Revenue and cost data
are not directly collected for IFQ shareholders, so estimates of their
economic profits are not available; however, previous data for IFQ
shareholders that hold gag shares suggest economic profits were
approximately $73,000 per commercial fishing business in 2021.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (North American Industry Classification
System (NAICS) code 11411) is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. All of the commercial fishing businesses directly regulated
by this proposed rule are believed to be small entities based on the
NMFS size standard. No other small entities that would be directly
affected by this proposed rule have been identified.
As stated earlier, this proposed rule would reduce the Other SWG
stock complex ACL from 710,000 lb (322,051 kg) to 322,000 lb (146,057
kg) and reduce the commercial ACL from 547,000 lb (248,115 kg) to
255,000 lb (115,666 kg). The commercial ACT (quota) would be set at
245,000 lb (111,130 kg). Although the commercial ACL and ACT would be
reduced by 53 percent relative to the status quo, based on 5-year
average landings from 2018 through 2023, excluding 2020, commercial
landings are expected to remain below the proposed commercial ACT in
future years. Therefore, NMFS does not expect direct economic effects
associated with a reduction in harvest.
There are potential price effects on the markets for Other SWG IFQ
shares and allocation as a result of this proposed rule because the
fixed supply of Other SWG IFQ allocation would become scarcer. However,
these price effects cannot be quantified with available data.
Allocation transfer prices may increase, which would increase the costs
to some commercial fishing businesses that harvest Other SWG species or
deep-water grouper species (speckled hind and warsaw grouper) that can
be landed using Other SWG allocation under the flexibility measures
established in Amendment 29 to the FMP (74 FR 44732, August 31, 2009).
Assuming the percentage change in quantity of Other SWG allocation
demanded is greater than the percentage change in price for Other SWG
allocation, IFQ shareholders would experience an overall decrease in
allocation transfer proceeds from an increase in allocation transfer
prices and vice versa. With respect to IFQ share value, if investors
believe that the discounted future revenue stream associated with
shares is lower under the new commercial ACL than under the status quo
commercial ACL, then share prices would be expected to decrease,
otherwise they would remain the same or increase. Historically, Other
SWG quota has been underutilized and NMFS expects commercial harvest
will remain below the proposed commercial ACT. Therefore, demand for
allocation would be unaffected and there would likely continue to be a
surplus of allocation. In conclusion, any Other SWG allocation transfer
price increases would likely be small due to competition among sellers.
Based on the above analysis, this proposed rule would not be
expected to have a significant economic impact on a substantial number
of small entities.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf, Recreational, Reef fish.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 24, 2026.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 622 as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF AMERICA, 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. 622.34, add paragraph (h) to read as follows:
Sec. 622.34 Seasonal and area closures designed to protect Gulf reef
fish.
* * * * *
(h) Seasonal closure of the recreational sector for Other shallow-
water grouper (Other SWG) combined (including black grouper, scamp,
yellowfin grouper, and yellowmouth grouper). The recreational sector
for Other SWG in or from the Gulf EEZ is closed from January 1 through
June 30, each year. During the closure, the bag and possession limits
for Other SWG in or from the Gulf EEZ are zero.
0
3. In Sec. 622.39, revise paragraph (a)(1)(iii)(A) to read as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(iii) * * *
(A) Other SWG combined--245,000 lb (111,130 kg).
* * * * *
0
4. In Sec. 622.41, revise paragraph (c) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(c) Other shallow-water grouper (Other SWG) combined (including
black grouper, scamp, yellowfin grouper, and yellowmouth grouper)--(1)
Commercial sector. The IFQ program for groupers and tilefishes in the
Gulf of America serves as the accountability measure for commercial
Other SWG. The commercial ACT for Other SWG is equal to the applicable
quota specified in Sec. 622.39(a)(1)(iii)(A). The commercial ACL for
Other SWG is 255,000 lb (115,666 kg), gutted weight.
(2) Recreational sector. If the sum of the commercial and
recreational landings, as estimated by the SRD, exceeds the stock
complex ACL specified in paragraph (c)(3) of this section, then during
the following fishing year, if the sum of the commercial and
recreational landings reaches or is projected to reach the applicable
ACL specified in paragraph (c)(3) 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 that fishing year.
(3) The stock complex ACL for Other SWG is 322,000 lb (146,057 kg),
gutted weight.
* * * * *
[FR Doc. 2026-05267 Filed 3-17-26; 8:45 am]
BILLING CODE 3510-22-P
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