Proposed Rule2026-08910
Reef Fish Fishery of the Gulf of America; Amendment 58B
Primary source
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Published
May 6, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to implement management measures described in Amendment 58B to the Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP) (Amendment 58B). For the deep-water grouper (DWG) complex, this proposed rule would revise the catch limits, set a recreational annual catch limit (ACL), and revise the recreational accountability measure (AM). Amendment 58B would also revise the status determination criteria and sector allocations for the DWG complex. The purpose of this proposed rule and 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 87 (Wednesday, May 6, 2026)</title>
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[Federal Register Volume 91, Number 87 (Wednesday, May 6, 2026)]
[Proposed Rules]
[Pages 24500-24504]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08910]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 260430-0122]
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: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to implement management measures described in
Amendment 58B to the Fishery Management Plan for the Reef Fish
Resources of the Gulf (FMP) (Amendment 58B). For the deep-water grouper
(DWG) complex, this proposed rule would revise the catch limits, set a
recreational annual catch limit (ACL), and revise the recreational
accountability measure (AM). Amendment 58B would also revise the status
determination criteria and sector allocations for the DWG complex. The
purpose of this proposed rule and 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 the proposed rule must be received on or
before June 5, 2026.
ADDRESSES: A plain language summary of this proposed rule 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) 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, a Regulatory Flexibility Act (RFA) 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#165277787f737a385a63736465567879777738717960"><span class="__cf_email__" data-cfemail="7337121d1a161f5d3f06160100331d1c12125d141c05">[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 Gulf Council
(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).
Background
The Magnuson-Stevens Act requires fishery management plans 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, recreational opportunities, and protecting marine
ecosystems.
This action is proposed under section 303(a)(1) of the Magnuson-
Steven Act as necessary and appropriate for the conservation and
management of the fishery to prevent overfishing, rebuild overfished
stocks, and promote the long-term health and stability of the fishery.
Unless otherwise noted, all weights in this proposed rule are in
pounds (lb), gutted weight.
The current species composition of the DWG complex 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 FMP'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%SPR</INF>), 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 indicated 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 SEDAR
85 assessed only the yellowedge grouper stock and did not assess the
remaining species within the DWG complex (snowy grouper, warsaw
grouper, and speckled hind), the SSC recommended new catch levels for
these three species using Tier 3b of the FMP'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 to
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
[[Page 24501]]
and the 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 2010 (74
FR 44732, August 31, 2009). The current commercial quota for the DWG
complex is 1.024 million lb (0.464 million kg), 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 DWG complex and the
other shallow-water grouper (Other SWG) complex composed of scamp,
yellowmouth grouper, black grouper, and yellowfin grouper 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 ACL, so there is a portion of the stock (total) ACL
that is unallocated. The commercial allocation is based on the sector's
average landings from 2001 to 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 continue. 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).
If NMFS approves Amendment 58B as proposed, the result would be 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 requires 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.
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. Also,
the amendment and this proposed rule would revise the DWG complex
commercial quota, the commercial ACL, and the complex ACL, establish a
recreational ACL, and revise the recreational AM.
Management Measures Contained in This Proposed Rule
This proposed rule would revise the DWG complex commercial quota,
the commercial ACL, and the complex ACL, establish a recreational ACL,
and revise the recreational AM.
Catch Limits
This proposed rule 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. This proposed rule
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 pounds (454 kg) 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
stock ACL.
There is currently no specified recreational ACL. This proposed
rule would set a recreational ACL at 56,668 lb (25,704 kg).
Recreational AM
This proposed rule 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. This proposed rule
would revise the recreational AM to use a moving 3-year average of DWG
complex recreational landings compared to the average recreational ACL
of the complex over the same 3 years and also compare a moving 3-year
average of DWG total landings to the average complex ACL over the same
3 years. If at any point 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. The length
of the recreational fishing season would not be reduced if 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.
Management Measures in Amendment 58B That Would Not Be Codified by This
Proposed Rule
In addition to the measures in this proposed rule, Amendment 58B
would update the MSY proxy, the OFL, the ABC and the sector allocations
for the DWG complex contained in the FMP.
MSY Proxy, OFL, and ABC
Amendment 58B would revise the MSY proxy, OFL, and ABC for the DWG
complex based on the SSC recommendations. 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><INF>SPR</INF>). The complex OFL would be
[[Page 24502]]
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 average sector 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 would result in a commercial allocation of 89.79
percent and a recreational allocation of 10.21 percent of the DWG
complex ACL. The Council recommended this adjustment based on recent
recreational landings in order to allow the commercial sector to
harvest the majority of the DWG complex ACL while also recognizing the
increase in recreational fishing effort.
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 Amendment 58B, the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, 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 Magnuson-Stevens Act provides the legal 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.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the RFA. A copy of this analysis is
available from NMFS (see ADDRESSES). The IRFA describes the economic
impact this proposed rule, if adopted, would have on small entities. A
description of the action, why it is being considered, and the legal
basis for this action are contained at the beginning of this section in
the preamble and in the SUMMARY section of the preamble. A summary of
the IRFA follows. All monetary estimates in the following analysis are
in 2024 dollars.
This proposed rule would revise the DWG complex ACL of 1.105
million lb (0.501 million kg) to a new complex ACL that is set equal to
the new complex ABC, which is 555,026 lb (251,756 kg). This proposed
rule would also update the allocation of the DWG complex ACL from
previously having an unspecified recreational sector allocation, to a
new recreational sector allocation based on the average recreational
landings from the most recent 5 years (2019-2023). This would establish
a new recreational ACL of 56,668 lb (25,704 kg), or 10.21 percent of
the DWG complex ACL. To account for the new recreational ACL, this
proposed rule also revises the commercial sector's allocation from
96.50 percent of the DWG complex ACL (based on landings during 2001-
2004) to 89.79 percent of the complex ACL. This proposed change in the
total complex ACL and the commercial allocation would reduce the DWG
commercial ACL from 1.070 million lb (0.485 million kg) to 498,000 lb
(225,889 kg), when rounded down to the nearest thousand pounds. The
proposed rule also revises the commercial quota from 1.024 million lb
(0.464 million kg) to 478,000 lb (216,817 kg), which is 4 percent less
than the proposed commercial ACL (also rounded down to the nearest
thousand pounds).
This proposed rule would also revise the DWG complex recreational
AM. The current recreational AM for the DWG complex is a post-season AM
requiring 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. This proposed rule would revise the
recreational AM to require that if at any point during the course of a
moving 3-year period, the average DWG recreational landings exceed the
average recreational ACL and the average DWG total landings exceed the
average complex 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. However, no reduction in the fishing
season would be required if NMFS determined that the best scientific
information available indicated it would be unnecessary.
This proposed rule would apply to all commercial fishing
businesses, for-hire fishing businesses, and recreational fishers
(anglers) that fish for Gulf DWG species in Federal waters. None of the
proposed changes would directly apply to federally permitted dealers.
Any change in the supply of DWG species available for purchase by
dealers as a result of this proposed rule, and associated economic
effects, would be an indirect effect of the proposed rule and would
therefore fall outside the scope of the RFA. Additionally, the RFA does
not consider recreational anglers to be entities, so they are outside
the scope of this analysis (5 U.S.C. 603). Small entities include small
businesses, small organizations, and small governmental jurisdictions
(5 U.S.C. 601(3)-(6)).
Although this proposed rule would apply to charter vessels and
headboats (for-hire vessels), NMFS does not expect it to have any
direct effects on these entities. From 2019 to 2023, there were an
average of 60 target trips by charter vessels for DWG in the Gulf,
which accounts for just over 2.5 percent of all recreational target
trips for DWG in the Gulf. In contrast, an average of 6,244 catch trips
by charter vessels for DWG in the Gulf were made from 2019 to 2023.
This indicates that DWG fish are incidentally harvested species and
charter vessels do not sell targeted trips for these fish. Virtually
all recreational trips targeting DWG were made by private anglers, who
are not considered entities under the RFA. In the Gulf, headboat trips
take a diverse set of anglers on a single vessel, generally advertising
a wide range of species to be caught. Gulf headboats typically do not
sell targeted trips specifically for DWG species. Therefore, NMFS does
not expect for-hire vessels to alter their services sold because of
this proposed rule. Any change in demand for these fishing services and
associated economic effects because of this proposed rule would be a
consequence of a change in anglers' behavior, secondary to any direct
effect of the proposed rule 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.
As of July 8, 2021, there were 825 limited access valid or
renewable commercial reef fish permits. In order to commercially
harvest species in the DWG complex, a vessel permit must also be linked
to an IFQ account and possess sufficient allocation for the species in
the DWG 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 DWG allocation from other IFQ participants. On average,
from 2019 to 2023 there were 451 IFQ accounts that held DWG allocation,
and 70 percent of those accounts held DWG shares. During the same
period, each year there was an average of 145 federally permitted
commercial reef fish vessels with reported landings of DWG
[[Page 24503]]
species in the Gulf. Their average annual vessel-level gross revenue
from all species for 2019-2023 was approximately $346,490, and Gulf DWG
landings accounted for approximately 10 percent of this revenue. From
2019 to 2023, the maximum annual revenue from all species reported by a
single commercial vessel that landed Gulf DWG species was approximately
$4.56 million in 2023. NMFS estimates the economic profits for these
commercial vessels to be 39.9 percent of their annual gross revenue, on
average, or $138,250 per vessel during this period. Although many
fishing businesses own only one federally permitted vessel, some hold
or own multiple Federal permits and vessels. Since comprehensive
ownership data are currently unavailable for vessels harvesting Gulf
DWG species, this analysis assumes that each of the 145 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, on average from
2019 to 2023, 261 IFQ shareholder accounts possessed DWG shares but did
not report any landings of DWG species. These account holders either
only transferred DWG allocation or were inactive. NMFS assumes that
each of these accounts is independently owned by a single business as
well. Revenue and cost data are not collected directly from Gulf IFQ
shareholders; therefore, estimates of economic profits for the Gulf IFQ
commercial fishing businesses that did not report landings are
unavailable.
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 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. The information available to NMFS indicates that all of the
commercial fishing businesses directly regulated by this proposed rule
are small entities based on the NMFS size standard.
This proposed rule would set a new complex ACL that is equal to the
complex ABC specified in Amendment 58B, which is 555,026 lb (251,755
kg). Under the status quo commercial sector allocation of 96.50
percent, the proposed complex ACL would result in a commercial ACL of
535,000 lb (242,672 kg), when rounded down to the nearest thousand
pounds, and a commercial quota, as reduced 4 percent from the
commercial ACL, of 514,000 lb (233,146 kg). Relative to average
historical landings from 2018 to 2023 (excluding 2020 to remove the
potential effects of COVID-19) of 746,230 lb (338,484 kg), this would
result in an estimated reduction in landings of 232,230 lb (105,338 kg)
per year. As discussed below, this proposed rule and Amendment 58B
would also modify commercial and recreational allocation percentages
and sector ACLs, and therefore, economic effects to small entities are
quantified as part of that discussion.
Amendment 58B would revise the commercial sector allocation from
96.50 percent to approximately 89.7 percent of the complex ACL. This
would result in a commercial ACL of 498,000 lb (225,889 kg) when
rounded down to the nearest thousand pounds, and a commercial quota, as
reduced 4 percent from the commercial ACL, of 478,000 lb (216,817 kg).
Relative to average historical landings from 2018 to 2023, excluding
2020, this would result in an estimated reduction in commercial
landings of 268,230 lb (121,667 kg) per year. NMFS anticipates that if
the overall supply of DWG commercial landings decreases, the average
price per lb would increase from the status quo average price of $6.66
per lb to $7.61 per lb. This is based on an uncompensated own-price
flexibility for ``Gulf Other Grouper,'' inclusive of DWG species, of -
0.396. The own-price flexibility is the percentage change in a
product's price relative to the percentage change of a product's
quantity sold. This shows the responsiveness of a product's price to
the quantity being sold. Using the adjusted average price estimate of
$7.61 and assuming the proposed quota would be harvested in full,
annual ex-vessel revenue would be approximately $3.64 million, which
represents a $1.33 million reduction relative to the status quo. The
average vessel would experience a decrease of $9,172 in ex-vessel
revenue and $3,669 in economic profits (approximately 3 percent of
average annual ex-vessel revenue and economic profits).
The proposed rule may affect prices for DWG IFQ shares and
allocation because it would make the fixed supply of DWG IFQ allocation
scarcer. While these price changes cannot be quantified with current
data, allocation transfer prices might increase. This would raise costs
for some commercial fishing businesses that use transferred allocation
to harvest DWG species or Other SWG species like speckled hind and
warsaw grouper under the allowable flexibility measures. Assuming the
percentage change in quantity of DWG IFQ allocation demanded is greater
than the percentage change in price for DWG IFQ allocation, a market-
driven increase in allocation prices would lead to a more than
proportional drop in the volume of allocation moved, resulting in lower
overall proceeds for DWG IFQ shareholders. Conversely, a decrease in
prices would stimulate enough additional transfer volume to increase
total proceeds. With respect to IFQ share value, if prospective DWG
share buyers believe that a new commercial quota will result in lower
future earnings from IFQ shares, then share prices would be expected to
decrease. Otherwise, share values will stay the same or increase.
The following discussion describes the significant alternatives to
the proposed rule that were not selected by NMFS.
One alternative, the no action alternative, was considered for the
proposed action to modify the DWG complex ABC and complex ACL. This
alternative would have retained the current ABC and complex ACL, both
of which are equal to 1.105 million lb (0.501 million kg). These catch
limits are based on the stock assessment results of SEDAR 22 for
yellowedge grouper and Tier 3b of the FMP's ABC Control Rule for the
other three species, which used recreational landings data from MRFSS.
NMFS ceased using MRFSS to estimate recreational landings in 2013.
Because this alternative would maintain the status quo catch limits for
the DWG complex, no direct economic effects would be expected. This
alternative was not selected because the catch limits under the no
action alternative would exceed those currently recommended by the SSC,
and thus, they are no longer consistent with the best scientific
information available.
Three alternatives were considered for the proposed action to
modify the DWG complex sector ACLs and sector allocations. The first
alternative, the no action alternative, would retain the commercial
sector allocation of 96.50 percent of the DWG complex ACL, which, when
applied to the proposed DWG complex ACL, equates to 535,000 lb (242,672
kg) when rounded down to the nearest thousand pounds. This allocation
would be based on landings during 2001-2004, and the recreational
sector's ACL would remain unspecified. The commercial quota would be
set
[[Page 24504]]
equal to the commercial ACL reduced by 4 percent or 514,000 lb (233,146
kg). NMFS calculates that this alternative, with its higher commercial
catch limits relative to the proposed action, would result in a
reduction in annual ex-vessel revenue that is approximately $210,000
less than what would be expected under the proposed action. This
alternative was not selected because the recreational landings used to
establish the status quo commercial sector allocation were based on
recreational data from MRFSS, which do not account for the actual
recreational removals that are present in both the MRIP-FES
recreational data and the SEDAR 85 stock assessment. In addition, this
alternative would not specify a recreational ACL, which is necessary to
implement an effective recreational AM.
The second alternative would establish a recreational ACL and
sector allocation based on the average recreational landings used in
the Generic ACL/AM Amendment (2001-2004). This would result in a
recreational ACL of 19,426 lb (8,811 kg), with a recreational sector
allocation of 3.50 percent of the complex ACL. The second alternative
would continue to allocate 96.50 percent of the complex ACL, or 535,000
lb (242,672 kg) when rounded down to the nearest thousand pounds, to
the commercial sector. The commercial quota would be set equal to the
commercial ACL reduced by 4 percent or 514,000 lb (233,146 kg). NMFS
would expect this alternative, with its higher commercial catch limits
relative to the proposed action, to result in a reduction in annual ex-
vessel revenue that is approximately $210,000 less than what would be
expected under the proposed action. Similar to the no action
alternative, this alternative was not selected because the recreational
landings used to establish the sector allocations would be based on
recreational data from MRFSS, which do not account for the recreational
removals that are present in both the MRIP-FES recreational data and
the SEDAR 85 stock assessment.
The third alternative would establish a recreational ACL and sector
allocation based on an equal reduction in the landings from the
recreational and commercial sectors from the most recent 5 years (2019-
2023), such that the resulting sector ACLs do not exceed the complex
ACL. This would result in a recreational ACL of 37,964 lb (17,220 kg),
with a recreational sector allocation of 6.84 percent of the complex
ACL. The third alternative would allocate 93.16 percent of the complex
ACL, or 517,000 lb (234,507 kg) when rounded down to the nearest
thousand pounds, to the commercial sector. The commercial quota would
be set equal to the commercial ACL reduced by 4 percent or 496,000 lb
(224,982 kg). NMFS would expect this alternative, with its higher
commercial catch limits relative to the proposed action, to result in a
reduction in annual ex-vessel revenue that is approximately $100,000
less than what would be expected under the proposed action. This
alternative was not selected because the smaller recreational ACL
relative to the proposed rule would be more likely to be exceeded. Over
the last 10 years (2014-2023), recreational landings would have
exceeded the third alternative's recreational ACL seven times.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Gulf, Recreational, Reef fish.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 30, 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. 622.39, revise paragraph (a)(1)(ii) to read as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(1) * * *
(ii) Deep-water grouper (DWG) combined (including yellowedge
grouper, warsaw grouper, snowy grouper, and speckled hind)--478,000 lb
(216,817 kg), gutted weight.
* * * * *
0
3. In Sec. 622.41, revise paragraph (f) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(f) Deep-water grouper (DWG) combined (including yellowedge
grouper, warsaw grouper, snowy grouper, and speckled hind)--
(1) Commercial sector. The IFQ program for groupers and tilefishes
in the Gulf of America serves as the AM for commercial DWG. The
commercial ACT for DWG is equal to the applicable quota specified in
Sec. 622.39(a)(1)(ii). The commercial ACL for DWG is 498,000 lb
(225,889 kg), gutted weight.
(2) Recreational sector. As described in the FMP, if over a moving
3-year period, the average DWG recreational landings exceed the average
recreational ACL specified in this paragraph and the average DWG total
landings exceed the average complex ACL specified in paragraph (f)(3)
of this section, then during the following fishing year, the AA will
file a notification with the Office of the Federal Register to reduce
the length of the recreational fishing season 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 recreational ACL for DWG is 56,668 lb (25,704 kg),
gutted weight.
(3) DWG complex ACL. The complex ACL for DWG is 555,026 lb (251,756
kg), gutted weight.
* * * * *
[FR Doc. 2026-08910 Filed 5-5-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on May 6, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.