Reef Fish Fishery of the Gulf of America; Amendment 62

Issuing agencies

Abstract

NMFS issues regulations to implement management measures described in Amendment 62 to the Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP), as prepared and submitted by the Gulf Council (Council). This final rule and Amendment 62 revise the catch limits and sector allocations for Gulf of America (Gulf) red grouper, based on the best scientific information available. Additionally, this final rule removes the shallow-water grouper (SWG) recreational seasonal closure, from February 1 through March 31, in Gulf Federal waters seaward of the 20-fathom boundary.

Full Text

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<title>Federal Register, Volume 91 Issue 192 (Tuesday, October 6, 2026)</title>
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[Federal Register Volume 91, Number 192 (Tuesday, October 6, 2026)]
[Rules and Regulations]
[Pages 63502-63508]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20435]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 261001-0005]
RIN 0648-BO10


Reef Fish Fishery of the Gulf of America; Amendment 62

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement management measures 
described in Amendment 62 to the Fishery Management Plan for the Reef 
Fish Resources of the Gulf (FMP), as prepared and submitted by the Gulf 
Council (Council). This final rule and Amendment 62 revise the catch 
limits and sector allocations for Gulf of America (Gulf) red grouper, 
based on the best scientific information available. Additionally, this 
final rule removes the shallow-water grouper (SWG) recreational 
seasonal closure, from February 1 through March 31, in Gulf Federal 
waters seaward of the 20-fathom boundary.

DATES: This final rule is effective October 2, 2026.

ADDRESSES: An electronic copy of Amendment 62 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-62-gulf-red-grouper-management-measures">https://www.fisheries.noaa.gov/action/amendment-62-gulf-red-grouper-management-measures</a>. Amendment 62 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#672306090e020b492b12021514270908060649000811"><span class="__cf_email__" data-cfemail="b0f4d1ded9d5dc9efcc5d5c2c3f0dedfd1d19ed7dfc6">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes 
red 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) (16 U.S.C. 1801 et seq.).

Background

    The Magnuson-Stevens Act requires NMFS, with advice from 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, recreational 
opportunities, and protecting marine ecosystems.
    This action is taken under the statutory authority of Magnuson-
Steven Act section 303(a)(15), which requires fishery management plans 
to establish annual catch limits (ACL) and accountability measures (AM) 
to prevent overfishing, and section 303(b)(2), which allows the 
designation of zones where, and periods when, fishing may be limited or 
not permitted.
    On April 2, 2026, NMFS published a notice of availability for 
Amendment 62 and requested public comment (91 FR 16623). On July 7, 
2026, NMFS published a proposed rule for Amendment 62 and requested 
public comment (91 FR 41611). NMFS approved Amendment 62 on June 26, 
2026, pursuant to section 304(a)(3) of the Magnuson-Stevens Act. The 
proposed rule and Amendment 62 outline the rationale for the actions 
contained in this final rule. The management measures described in 
Amendment 62 and implemented by this final rule are summarized below.
    Unless otherwise noted, all weights in this final rule are in 
pounds (lb) gutted weight.
    The current catch limits for red grouper were set in 2022 (87 FR 
40742, July 8, 2022). The current Gulf red grouper overfishing limit 
(OFL) and acceptable biological catch (ABC) are 5.99 million lb (2.72 
million kilogram (kg)) and 4.96 million lb (2.25 million kg), 
respectively. The total ACL is set equal to the ABC and is allocated 
59.3 percent to the commercial sector and 40.7 percent to the 
recreational sector. This allocation was specified in Amendment 53 to 
the FMP and is informed, in part, by Marine Recreation Information 
Program--Fishing Effort Survey (MRIP-FES) recreational data (84 FR 
25573, May 2, 2022). The current maximum sustainable yield (MSY) proxy 
for red grouper 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><INF>SPR</INF>), where SPR is the ratio of 
the SSB to its unfished state. A proxy for MSY is used when there are 
insufficient data to directly determine the MSY.
    The most recent stock assessment for red grouper (Southeast Data, 
Assessment, and Review (SEDAR) 88) was completed in 2025. SEDAR 88 used 
updated recreational catch and effort data produced by the Florida 
State Reef Fish Survey (SRFS). To obtain complete estimates of 
recreational catch for the stock assessment, SRFS combined private 
recreational landings and discard estimates with charter vessel catch 
informed by estimates from MRIP-FES, as well as headboat catch informed 
by the Southeast Region Headboat Survey. Thus, when ``SRFS'' is 
referred to in this final rule with respect to management of the red 
grouper stock and SEDAR 88, it encompasses all of these sources of 
recreational data combined. The stock assessment results indicated an 
increase in the red grouper stock size relative to the previous 
assessment (SEDAR 61, 2019). Based on its review of SEDAR 88, the 
Council's Standing Scientific and Statistical Committee (SSC) 
determined that the Gulf red grouper stock was not overfished or 
undergoing overfishing and recommended increases to the OFL and ABC. 
However, because SEDAR 88 used different recreational data than the

[[Page 63503]]

previous assessment, the current and revised OFL and ABC are not 
directly comparable.
    Based on the results of SEDAR 88 indicating the stock size has 
increased, the Council requested that NMFS take emergency action (based 
on social and economic justification) to increase the red grouper catch 
limits for the 2025 fishing season (90 FR 37804, August 6, 2025). 
Because initial projections from SEDAR 88 assumed that any management 
action initiated by the Council would begin in 2027, the assessment 
projections required updating to reflect management actions that would 
begin in 2025. Using these updated projections, the Council's SSC 
recommended an OFL of 10.64 million lb (4.83 million kg) and an ABC of 
8.28 million lb (3.76 million kg).
    The SSC's OFL recommendation is consistent with its recommendation 
to change the current MSY proxy to a more conservative value. As 
explained above, the current MSY proxy is the yield at 
F<INF>30</INF><not-eq><INF>SPR</INF>. The SSC recommended a more 
conservative MSY proxy of the yield at 
F<INF>40</INF><not-eq><INF>SPR</INF>. An SPR of 40 percent is more 
conservative than an SPR of 30 percent because it means that the 
spawning biomass is closer to the level of an unfished population (40 
percent of the level of the unfished population as opposed to 30 
percent). The SSC concluded that certain biological and ecological 
characteristics of red grouper support more conservative management. 
For example, red grouper undergoes ontogenetic spatial shifts from 
nearshore shallow habitats to offshore deep-water habitats; its large 
females transition to male based on environmental and social cues that 
are not completely understood; and its propensity to create unique 
habitats in the benthic substrate and territorial behavior may generate 
a carrying capacity issue that limits available space for other red 
grouper. The SSC determined that accounting for the complex life 
history of red grouper is imperative when recommending the revised 
F<INF>msy</INF> proxy and thus the OFL. The SSC has, in recent years, 
recommended setting an MSY proxy of 
F<INF>40</INF><not-eq><INF>SPR</INF> for hermaphroditic groupers like 
gag, scamp, yellowmouth grouper and yellowedge grouper. Based on their 
recent management advice to the Council for grouper species with 
similar life history characteristics to red grouper, the SSC concluded 
that an F<INF>40</INF><not-eq><INF>SPR</INF> as the proxy for 
F<INF>MSY</INF> was appropriate.
    Commercial harvest of Gulf red grouper has been managed under the 
Grouper-Tilefish Individual Fishing Quota (IFQ) Program since 2010 (74 
FR 44732, August 31, 2009). The IFQ program serves as the commercial AM 
for red grouper. The commercial quota for red grouper is set 5 percent 
less than the commercial ACL to allow for multi-use allocation with gag 
to reduce discards and allow commercial fishermen to better use the 
allocation they have in a given fishing year. Red grouper multi-use 
allocation can be used to possess, land, or sell red grouper after an 
IFQ account holder's (shareholder or associated vessel accounts) red 
grouper allocation has been landed and sold or transferred and to 
possess, land, or sell gag only after both gag and gag multi-use 
allocation have been landed and sold or transferred from all of the IFQ 
account holder's accounts. In other words, the combined red grouper and 
gag multi-use allocation allows fishing industry participants to land 
those species after their species-specific allocations have been 
exhausted, thus reducing discards and improving the economic results of 
the fishery. However, if gag is under a rebuilding plan, the percentage 
of red grouper multi-use allocation is equal to zero. Gag is currently 
under a rebuilding plan, and thus red grouper multi-use allocation is 
currently set to zero.
    The recreational sector is managed using an ACL, an ACT, and both 
in-season and post-season AMs. The in-season AM for red grouper 
requires NMFS to close the recreational sector when red grouper 
landings reach or are projected to reach the recreational ACL. If 
landings exceed the red grouper recreational ACL in a fishing year, the 
post-season AM requires NMFS to maintain the recreational ACT and 
shorten the duration of the following fishing year by the amount 
necessary to ensure landings do not exceed the recreational ACT, unless 
NMFS determines that managing to the ACT in the following year is 
unnecessary. If red grouper is overfished and landings exceed the 
recreational ACL, then both the recreational ACL and ACT must be 
reduced in the following year by the amount of the previous year's 
recreational overage. This final rule and Amendment 62 will not revise 
the recreational AMs.
    Recreational harvest triggered in-season closures of the red 
grouper recreational season in each year from 2021 through 2024. In 
each of those 4 years, both the recreational ACT and ACL were exceeded, 
resulting in implementation of the post-season AM in 3 of the 4 
following years to shorten the red grouper season as required. The 
post-season AM for the 2025 recreational season, which was triggered by 
the 2024 overage of the recreational ACL, was not implemented because 
the emergency action increased the red grouper catch limits.
    For the commercial sector, the 5 percent buffer between the 
commercial ACL and ACT is retained in this final rule to account for 
the gag multi-use allocation of the IFQ program. For the recreational 
sector, this final rule maintains the current 9 percent buffer between 
the recreational ACL and ACT that was set in Amendment 53. This 
recreational buffer is expected to prevent future recreational ACL 
overages considering the use of more precise SRFS data to monitor 
recreational landings and the substantial increase in the recreational 
ACL.
    In 2013, NMFS implemented a framework action under the FMP that 
established the current SWG recreational seasonal closure (78 FR 33259, 
June 4, 2013). The seasonal closure is effective from February 1 
through March 31, annually, in Gulf Federal waters seaward of a line 
approximating the 20-fathom boundary (50 CFR 622.34(d)). In the Gulf, 
the SWG species are gag, red grouper, black grouper, scamp, yellowfin 
grouper, and yellowmouth grouper. The closure was established to 
protect spawning SWG species in deeper Gulf waters while allowing 
recreational harvest to occur shoreward of the 20-fathom boundary. 
Although this final rule eliminates this closure, all SWG species 
except red grouper already have other seasonal closure regulations in 
effect during that same time period or they will have them by January 
1, 2027. Gulf gag has a recreational seasonal closure in effect from 
January through August (50 CFR 622.34(e)). On June 17, 2026, NMFS 
published a final rule that creates a recreational seasonal closure for 
black grouper, yellowfin grouper, scamp, and yellowmouth grouper from 
January through June (91 FR 36545). When that final rule is effective 
on January 1, 2027, red grouper will be the only SWG species affected 
by the removal of the current SWG recreational seasonal closure. 
However, as described in Amendment 62, the current seasonal closure may 
be redirecting red grouper recreational effort inshore and therefore 
reducing the overall benefit of the closure to the red grouper stock. 
Additionally, red grouper that are shoreward of the current closure 
boundary are generally smaller in size and therefore discards may be 
increased due to the red grouper minimum size limit. The Council 
recommended, and NMFS agrees, that it is appropriate to remove the 
February through March recreational closure given the health of the red 
grouper stock as indicated by SEDAR 88.

[[Page 63504]]

Management Measures Contained in This Final Rule

    This final rule revises the Gulf red grouper commercial and 
recreational ACLs, the commercial quota, and the recreational ACT. In 
addition, this final rule removes the February through March SWG 
recreational seasonal closure seaward of the 20-fathom boundary.

Catch Limits

    This final rule increases the commercial ACL from 2.94 million lb 
(1.33 million kg) to 4.51 million lb (2.05 million kg) for 2026, 5.08 
million lb (2.30 million kg) for 2027, and 5.65 million lb (2.56 
million kg) for 2028 and subsequent years. The commercial quota 
increases from 2.79 million lb (1.27 million kg) to 4.28 million lb 
(1.94 million kg) for 2026, 4.83 million lb (2.19 million kg) for 2027, 
and 5.37 million lb (2.44 million kg) for 2028 and subsequent years.
    This final rule increases the recreational ACL from 2.02 million lb 
(0.92 million kg) to 2.11 million lb (0.96 million kg) for 2026, 2.37 
million lb (1.08 million kg) for 2027, and 2.63 million lb (1.19 
million kg) for 2028 and subsequent years. The recreational ACT 
increases from 1.84 million lb (0.83 million kg) to 1.92 million lb 
(0.87 million kg) for 2026, 2.16 million lb (0.98 million kg) for 2027, 
and 2.39 million lb (1.08 million kg) for 2028 and subsequent years. 
The current and revised recreational catch limits are not directly 
comparable because of the recreational datasets used in the prior and 
current assessments, but the revised catch limits are increases from 
the current values.

SWG Recreational Seasonal Closure

    This final rule removes the recreational seasonal closure from 
February through March for SWG species in Gulf Federal waters seaward 
of a line approximating the 20-fathom boundary. Although this final 
rule eliminates this closure, as previously noted, all SWG species 
except red grouper have other seasonal closure regulations in effect, 
or will have closure regulations in effect by January 1, 2027, which 
prohibit their recreational harvest during this time period.

Management Measures in Amendment 62 That Will Not Be Codified by This 
Final Rule

    In addition to the measures that will be codified through this 
final rule, Amendment 62 updates the MSY proxy, the OFL, the ABC, and 
the sector allocations for Gulf red grouper.

MSY Proxy, OFL, and ABC

    Amendment 62 revises the MSY proxy, OFL, and ABC for red grouper 
based on the Council's SSC recommendations and consistent with SEDAR 
88. The MSY proxy will be defined as the yield at 
F<INF>40</INF><not-eq><INF>SPR</INF>. The OFL will be 10.64 million lb 
(4.83 million kg), and the ABC will be 8.28 million lb (3.76 million 
kg). The total ACL will be 6.62 million lb (3.00 million kg) in 2026 
(80 percent of the ABC), 7.45 million lb (3.38 million kg) in 2027 (90 
percent of the ABC), and 8.28 million lb (3.76 million kg) in 2028 and 
subsequent years (100 percent of the ABC). The Council determined, and 
NMFS agrees, that a phase-in approach to increasing the total catch 
limits over several years is appropriate because the SSC receives an 
annual interim stock analysis for red grouper and could advise the 
Council if the increases to the total ACL were no longer warranted.

Sector Allocations

    Currently, the commercial sector is allocated 59.3 percent, and the 
recreational sector is allocated 40.7 percent of the total ACL based on 
each sector's average landings from 1986 through 2005 (including MRIP-
FES recreational harvest estimates). Amendment 53 set this allocation 
to maintain historical fishing practices. The allocation was based on 
the original reference years (1986 through 2005) for red grouper 
landings but with updated recreational landings using the MRIP-FES 
dataset, which was used in the stock assessment that informed the catch 
levels in Amendment 53. Amendment 62 updates the commercial-
recreational allocation using the same reference period (1986-2005) but 
based on SRFS-estimated recreational harvest. This results in a 
commercial allocation of 68.2 percent and a recreational allocation of 
31.8 percent of the total ACL. SRFS recreational landings estimates are 
lower than those produced by MRIP-FES. Continuing with the current 
allocation without accounting for the decrease in estimated catch and 
effort associated with the change to SRFS from MRIP-FES would result in 
a de facto reallocation from the commercial sector to the recreational 
sector.

Comments and Responses

    NMFS received 50 public submissions from individuals or entities on 
the notice of availability and proposed rule for Amendment 62. NMFS 
thanks the individuals who commented in support of the management 
measures in this final rule for their comments. Four comments were not 
specific to Amendment 62 or the proposed rule, and therefore are not 
addressed in this final rule.
    Specific comments that opposed or provided alternative suggestions 
for some or all of the measures proposed in Amendment 62 and the 
proposed rule are grouped as appropriate and summarized below, followed 
by NMFS' respective responses. There have been no changes to the 
proposed rule as a result of public comments.
    Comment 1: The Gulf red grouper stock cannot support the large 
catch limit increases proposed in Amendment 62. The commercial sector 
has not been landing its full quota under the current catch limits. 
Gulf fishermen report that the stock is not healthy based on indicators 
such as low catch rates, fewer legal-sized fish, and difficulty 
locating concentrations of marketable red grouper. A more conservative 
management approach consisting of either no catch limit increases or 
smaller catch limit increases would be more appropriate.
    Response: NMFS is required to rely on the best scientific 
information available when making management decisions, and the most 
recent Gulf red grouper stock assessment, SEDAR 88, indicates that the 
red grouper stock is not overfished or undergoing overfishing and can 
support substantially higher harvest rates and catch limits. The 
Council's SSC reviewed SEDAR 88 and the catch level projections based 
on the assessment and recommended the OFL and ABC adopted in Amendment 
62. The Council and NMFS addressed the concerns about the health of the 
stock expressed by fishermen by phasing-in the increase of the total 
ACL over three years. This will allow the Council and NMFS to take 
action, if needed, to address any new information on the Gulf red 
grouper stock status before the full increase in ABC is available for 
harvest.
    NMFS recognizes some fishermen are reporting difficulty in 
consistently catching legal-sized red grouper. However, this 
information does not necessarily indicate that the stock is unhealthy 
and cannot support increased catch limits. Fishermen have also 
commented at Council meetings and during the public comment periods for 
the Amendment 62 rulemaking that the population is healthy and that 
they are in support of catch limit increases. SEDAR 88 assessed red 
grouper populations across the entire Gulf. While there may be 
localized areas in the Gulf in which red grouper are less abundant, the 
assessment determined

[[Page 63505]]

that overall, the Gulf red grouper population is healthy.
    Comment 2: The February through March recreational seasonal closure 
for SWG species should not be eliminated. The closure is intended to 
protect SWG species when they spawn and is necessary to protect some or 
all of these species at a vulnerable time. Removal of the closure will 
increase fishing pressure on red grouper as well as increasing discards 
of gag which may result in disproportionate fishing mortality on 
spawning aggregations of red grouper and gag.
    Response: The removal of the February through March SWG 
recreational seasonal closure seaward of the 20-fathom boundary would 
only directly affect red grouper. As explained above, beginning in the 
2027 fishing year, the SWG species of scamp, yellowmouth grouper, black 
grouper, and yellowfin grouper will have a Gulf-wide recreational 
seasonal closure in place from January 1 through June 30, each year (91 
FR 36545, June 17, 2026). Gulf gag has a recreational seasonal closure 
in effect from January through August (50 CFR 622.34(e)). Therefore, 
beginning in 2027, red grouper will be the only SWG species allowed for 
harvest between January 1 and June 30.
    The February through March spawning closure for SWG was implemented 
to protect these species during their spawning period when they may be 
more vulnerable. However, spawning season closures are generally most 
effective when they coincide with areas where the species aggregate to 
spawn, and thus they are vulnerable to mass harvest. As described in 
Amendment 62, while some SWG species (e.g., gag) do aggregate to spawn, 
red grouper do not, as they display site fidelity throughout the year. 
In addition, there is no indication that the current spawning seasonal 
closure has a positive effect on red grouper as the stock population 
has fluctuated greatly both prior to and after implementation of the 
closure. Additionally, as described in Amendment 62, the current 
closure may be redirecting fishing effort into waters shoreward of the 
20-fathom boundary, where the average size of fish is smaller and more 
interactions with undersize fish occur. This could lead to additional 
fishing effort (and discards) necessary to harvest the recreational bag 
limit, thereby potentially reducing the conservation benefit of this 
closure.
    NMFS recognizes that when red grouper are targeted, other SWG 
species may also be caught, which would result in discards due to 
overlapping harvest closures for the rest of the SWG species. However, 
while the removal of the SWG recreational seasonal closure may slightly 
increase discards of SWG species, NMFS does not expect these discards 
to have significant effects on their populations, as there would be no 
incentive for fishermen to fish on aggregations of those SWG species. 
It is more likely that fishermen would move to an area and fish where 
red grouper are more prevalent. Therefore, for the SWG species, the 
removal of the February through March recreational closure is not 
expected to have significant negative ecological consequences.
    Comment 3: In Amendment 62, the commercial allocation of the total 
ACL should be greater. Recreational data have high levels of 
uncertainty, and that should be accounted for by using a more 
precautionary approach in setting the allocations. Increasing the 
commercial allocation and reducing the recreational allocation compared 
to the preferred alternative in Amendment 62 would reduce the overall 
mortality of red grouper by reducing recreational dead discards and 
reduce the chances of the total ACL being exceeded and overfishing 
occurring. The proposed allocations also violate Magnuson-Stevens Act 
National Standard 2, which requires the use of the best scientific 
information available, because they are based on recreational data with 
high uncertainty.
    Response: NMFS disagrees that the commercial sector should receive 
a greater allocation then selected in Amendment 62 and that the 
allocations are inconsistent with National Standard 2. The sector 
allocations approved in Amendment 62 are based on the red grouper 
landings estimates used in the most recent stock assessment (SEDAR 88). 
For the recreational sector, these landings estimates were produced by 
SRFS and are generally lower than those produced by MRIP-FES. Although 
there is uncertainty in the recreational landings estimates, the 
percent standard error (PSE) of SRFS estimates for Gulf red grouper 
between 2016 and 2022, fluctuated between about 18 percent and 27 
percent for private recreational anglers. The higher an estimate's PSE, 
the larger the margin of error and uncertainty around the estimate. The 
PSEs for these SRFS estimates are within the range that NMFS considers 
to be acceptable for use. For more information on PSE see <a href="https://www.fisheries.noaa.gov/recreational-fishing-data/recreational-fishing-data-glossary#percent-standard-error-pse">https://www.fisheries.noaa.gov/recreational-fishing-data/recreational-fishing-data-glossary#percent-standard-error-pse</a>. Further, the SRFS landings 
estimates represent the best scientific information available for 
determining a commercial-recreational allocation that maintains the 
historical split between the sectors after accounting for change from 
MRIP-FES data to SRFS data. No public comments were received that 
identified a more accurate or otherwise preferable data source.
    NMFS does not expect that further increasing the commercial 
allocation of red grouper would reduce recreational discards. 
Decreasing the recreational catch limits by allocating more of the 
total ACL to the commercial sector could reduce recreational discards 
as a result of a decrease in red grouper recreational fishing 
opportunities if NMFS needed to implement an AM closure during the 
fishing year. However, any reduction in discards as result of less 
directed fishing pressure would likely be offset by discards that occur 
during the recreational AM closure. The allocation approved in 
Amendment 62, in combination with the increase in the total ACL, 
results in recreational catch limits that reduce the probability of AM-
based closed seasons (only a predicted short closed season in 2027, 
none thereafter), which is expected to reduce discards.
    Comment 4: In Amendment 62, the recreational allocation of the 
total ACL should be greater. The distribution of the increasing ACLs to 
the sectors is not proportional and heavily favors the commercial 
sector over the recreational sector. This results in limiting access 
for recreational fishermen. Recreational anglers, charter vessel and 
headboat (for-hire) operators, and coastal tourism economies depend on 
access to fishing opportunities, and reducing the recreational 
allocation percentage threatens those opportunities.
    Response: NMFS disagrees that the recreational sector should 
receive a greater allocation of the total ACL then selected in 
Amendment 62. As explained in the preamble of this final rule, the 
sector allocations approved in Amendment 62 and implemented through 
this final rule will maintain the historical split between the sectors 
after accounting for change from MRIP-FES data to SRFS data. Although 
the recreational allocation decreases in Amendment 62, the decrease is 
consistent with the SRFS estimates used to monitor recreational 
harvest, which are lower than the estimates produced by MRIP-FES. 
Further, NMFS expects the red grouper recreational ACL and ACT 
increases implemented through this final rule to allow the fishing 
season to remain open until late in 2026 and throughout all of 2027 and 
2028. Therefore, NMFS does not expect the change in the recreational 
allocation to limit access for recreational anglers and

[[Page 63506]]

for-hire operators relative to the current sector allocation 
percentages.
    Comment 5: The lack of a sufficient recreational data collection 
system for private anglers when compared to commercial and for-hire 
data collection systems results in data being used that is highly 
distorted. Recreational fishing pressure has increased dramatically but 
recreational data still have high PSEs, indicating they are highly 
uncertain.
    Response: NMFS recognizes that any data collection system used to 
estimate recreational harvest will have some level of associated error. 
As explained in response to Comment 3, the PSEs for SRFS estimates for 
Gulf red grouper between 2016 and 2022, are within the acceptable 
range. Further, consistent with National Standard 2, NMFS uses the best 
available data to develop management measures and the SRFS data used to 
develop Amendment 62 is the best available. To specifically account for 
uncertainty in recreational harvest estimates, there is a 9 percent 
buffer between the recreational ACT and ACL, which reduces the 
probability of exceeding the recreational ACL.
    Comment 6: Given that the last year of data included in SEDAR 88 
was 2022, a new full interim assessment for Gulf red grouper should be 
done prior to implementation of Amendment 62 to ensure the increased 
catch limits are still appropriate.
    Response: NMFS has determined that SEDAR 88, which was used to 
inform the catch limits in Amendment 62, is the best scientific 
information available. In January 2026, the NMFS Southeast Fisheries 
Science Center (SEFSC) presented an informal interim assessment, or 
health check, to the Council's SSC. This health check supports the 
SEDAR 88 findings, showing an increasing trend in the relative 
abundance of red grouper through 2025. More information on the 2025 
health check can be found at <a href="https://gulf-council-media.s3.amazonaws.com/uploads/2026/01/05a-SEDAR-88_2026_IA.pdf">https://gulf-council-media.s3.amazonaws.com/uploads/2026/01/05a-SEDAR-88_2026_IA.pdf</a>. The 
next Gulf red grouper stock assessment is scheduled for 2028.
    Comment 7: There are indications that the red grouper stock has 
declined since 2022, which is the last year of data included in SEDAR 
88. It is unclear what mathematical formula or variance factor was 
applied in the Stock Synthesis model to discount for the gap in timing 
between the data included in the assessment and implementation of the 
catch limits in this final rule. By allowing an increase in harvest 
based on lagged stock assessment data that fail to account for the 
current mortality conditions of the stock, Amendment 62 and the final 
rule are not based on the best scientific information available as 
required by National Standard 2 and do not adequately address the risk 
of overfishing as required by National Standard 1.
    Response: NMFS recognizes that catch limits set in this final rule 
are supported by an assessment that included data only through 2022. 
NMFS did not use, or have available, a formula or factor to apply to 
the Stock Synthesis model to address the gap in timing from the 
assessment until implementation of Amendment 62. However, as explained 
in response to Comment 6, SEDAR 88 is the best scientific information 
available to inform the current Gulf red grouper stock status and the 
catch limits in Amendment 62 and this final rule, and the health check 
presented to the Council's SSC in January 2026 supports the SEDAR 88 
results. Further, the new catch limits include a large buffer between 
the OFL and ABC to account for scientific uncertainty associated with 
SEDAR 88 and reduce the likelihood of overfishing. Therefore, NMFS has 
determined that Amendment 62 and this final rule are consistent with 
both National Standards 1 and 2.
    Comment 8: The proposed catch limits are inconsistent with National 
Standard 6 because they fail to take into account variations and 
contingencies in fishery resources, ecosystems, and catches by omitting 
adaptive buffers for localized environmental events and real-time 
commercial catch data.
    Response: NMFS disagrees that catch limits implemented through this 
final rule are inconsistent with National Standard 6. National Standard 
6 requires conservation and management measures to take into account 
and allow for variations among, and contingencies in, fisheries, 
fishery resources, and catches. The catch limits adopted in Amendment 
62 and this final rule provide the flexibility to respond to 
uncertainties or unpredictable events by providing a large buffer 
between the OFL and ABC, and adopting a phase-in approach for 
increasing the total ACL over three years. The phase-in approach will 
allow the SSC to review the annual interim stock analysis for red 
grouper as the catch limits are increased and allow the Council and 
NMFS to respond to any new advice from the SSC, as appropriate.
    Comment 9: Commercial fishermen have produced years of catch-per-
unit-effort (CPUE) data that have not been incorporated into stock 
assessments for IFQ species such as red grouper. The use of electronic 
logbooks and electronic monitoring is also expanding and will soon 
provide more timely fishery-dependent data. NMFS and the Council should 
consider the most current commercial CPUE information before increasing 
catch limits to ensure that the increases are sustainable.
    Response: NMFS does not currently have a method to incorporate CPUE 
analyses into stock assessments or to analyze CPUE trends after the 
completion of a stock assessment. CPUE indices (trends), which had been 
used prior to the implementation of the commercial Grouper/Tilefish IFQ 
program, were not updated for SEDAR 88 because the implementation of 
the IFQ system has changed fishing behavior and catchability compared 
to earlier years. Prior to implementation of the IFQ, CPUE was used as 
one of several indices in assessing red grouper abundance. Now that 
fishing industry participants can choose when to fish, higher CPUE may 
reflect other variables and CPUE indices developed for IFQ years may 
not represent the relative abundance of the stock.
    The Council asked NMFS to create CPUE indices for the commercial 
vertical line and longline fleets pursuing red grouper for review by 
the SSC. In support of this request, at the August 2026 Gulf Council 
meeting, the SEFSC provided the Council with a CPUE index based on 
logbook data for IFQ years (2010-2025). Although this index likely 
provides a useful qualitative indicator of the commercial sector's 
ability to harvest red grouper, the index includes the caveat that it 
did not attempt to disentangle the effects of fisher behavior, 
regulatory actions, and population abundance on observed catch per unit 
effort, and that it was not feasible for the SEFSC to provide that 
information given current resources and priorities. Further, at the 
same meeting, the SEFSC explained why using CPUE as a proxy for 
relative abundance (as under the current IFQ) can lead to improper 
conclusions and thus management decisions that do not reflect stock 
status. Since the red grouper CPUE index is not intended to estimate 
fish abundance, NMFS has determined that it is not appropriate to 
incorporate this CPUE data into the next stock assessment or to use it 
as an indication of the trends in red grouper stock health. Given the 
resources that would be needed to conduct the necessary research and 
the existence of two reliable fishery-independent resource surveys of 
red grouper (G-FISHER and the NMFS bottom longline) that are already 
available, the SEFSC does not plan to address this request to use CPUE 
provided by commercial fisherman as an index of stock abundance in the 
near future. The

[[Page 63507]]

SEFSC is currently working to make fishery independent survey data 
available more rapidly.
    Comment 10: Red tide blooms and benthic hypoxia in the eastern Gulf 
create unquantified localized mortality of red grouper that has 
occurred since SEDAR 88 and needs to be accounted for in the catch 
limit increases in Amendment 62.
    Response: While SEDAR 88 accounted for red tide-related mortality 
through 2022, there is no process currently in place to incorporate 
real-time data into previously completed stock assessments to account 
for more recent non-fishery related mortality events. These events are 
not predictable, and the effects of these events are often unknown 
until years after they occur. However, scientific uncertainty, which 
includes the impact of these events, is accounted for by the 2.68 
million lb (1.22 million kg) buffer between the OFL and the ABC.
    Comment 11: The catch limit increases in Amendment 62 are contrary 
to the mandates of Executive Order 14276 ``Restoring American Seafood 
Competitiveness.'' Executive Order 14276 directs NMFS to improve 
fisheries science, incorporate more reliable technology and cooperative 
research, modernize data collection, and make fisheries management more 
responsive to real-time ocean conditions. Given the 2022 terminal year 
in SEDAR 88, before the automatic red grouper ACL increases in 
Amendment 62 occur each year up until 2028, more current indicators, 
fishery-dependent data, and catch rate information should be 
considered. These more recent data sources would demonstrate that the 
future catch limit increases are not appropriate and that catch limit 
decreases should occur. The red grouper catch limit changes in 
Amendment 62 will result in weakening and not strengthening the 
domestic seafood industry.
    Response: NMFS disagrees that the final rule is contrary to the 
mandates of Executive Order 14726. SEDAR 88 has been determined to be 
the best scientific information available and was used to develop the 
catch levels being implemented in Amendment 62 and this final rule. 
NMFS does not currently have an index to incorporate current commercial 
catch rate information into management decisions post-stock assessment. 
Similarly, NMFS did not have the capability to include red grouper 
commercial catch rate information into SEDAR 88 or analyze red grouper 
stock size after the completion of SEDAR 88 using this information. In 
addition, as explained in the response to Comment 9 above, NMFS has 
provided a CPUE index to the Council but determined that this index 
does provide reliable evidence of actual trends in overall red grouper 
abundance and therefore does not intend to incorporate these data into 
the next stock assessment. NMFS is working on process improvements to 
make fishery independent survey data available more rapidly. NMFS has 
determined that this final rule is consistent with Executive Order 
14276 because it is expected to increase red grouper harvest 
opportunity, enhance economic profitability for commercial fishermen, 
stabilize seafood markets, improve fishing access, and reduce the risk 
of recreational fishery closures impacting the for-hire component.
    Comment 12: The sector allocations adopted through Amendment 53 to 
the FMP were remanded by the U.S. Court of Appeals for the District of 
Columbia Circuit for additional analysis. To date, neither the Council 
nor NMFS has completed the Court-directed economic analysis or 
revisited the red grouper allocation decision through a subsequent 
amendment before proposing additional changes to red grouper 
management. Amendment 62 changes the recreational data used in the 
allocation calculation, but it does not provide a complete reassessment 
of the distributional and economic consequences of Amendment 53. NMFS 
should therefore avoid characterizing Amendment 62 as fully resolving 
the allocation concerns or remedying the economic harm experienced by 
commercial fishing businesses. NMFS should also acknowledge that the 
allocation formula in Amendment 62 does not constitute the Court-
directed economic reassessment of Amendment 53 or fully remedy the 
resulting economic harm to the commercial sector.
    Response: In A.P. Bell Fish Co. v. Raimondo, 94 F.4th 60 (D.C. Cir. 
2024), the Court of Appeals for the District of Columbia Circuit 
reversed the lower court's order granting summary judgment to NMFS on 
claims related to economic analysis in Amendment 53 to the FMP and 
compliance with National Standards 4 and 9 and remanded to NMFS to 
provide further explanation. The response to the remand order is 
provided in Appendix F to Amendment 62. Consistent with the Court's 
order, Appendix F includes an evaluation of the economic effects 
analysis included in Amendment 53, concluding that the analysis was 
consistent with other peer-reviewed analyses and provided the best 
available scientific information when conducting the benefit-cost 
analysis required or recommended by various authorities, including 
Executive Order 12866 and the Magnuson-Stevens Act. Appendix F also 
addresses the Court's order with respect to National Standards 4 and 9, 
concluding that the analyses in the final rule implementing Amendment 
53 were appropriate.
    Comment 13: It is not clear in Amendment 62 how red grouper 
recreational quota overages can be prevented. Recreational quota 
overages jeopardize the security of the red grouper commercial quota.
    Response: Amendment 62 does not change the current recreational 
AMs, which are used to constrain recreational harvest of red grouper to 
the recreational ACL. Recreational harvest has exceeded the 
recreational ACL in the past because landings exceeded NMFS' 
projections. NMFS expects the increase in the catch limits to 
substantially increase the length of the recreational season, which 
will reduce the likelihood of exceeding the ACL. The analysis in 
Amendment 62 projects that a recreational closure may be necessary late 
in the year to constrain landings to the recreational ACL in 2026. 
However, preliminary 2025 landings data indicate that recreational 
harvest was below the 2026 recreational ACT and ACL implemented through 
this final rule. If similar landings occur in 2026, the recreational 
season would remain open until the end of the year. After 2026, the 
recreational ACT or ACL are not expected to be harvested by the 
recreational sector as a result of the catch limit increases. However, 
consistent with the current AMs, NMFS will continue to use projections 
to determine whether the recreational sector needs to close during the 
fishing year. Therefore, NMFS does not expect recreational harvest to 
threaten the health of the red grouper stock or the security of the 
commercial quota.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with Amendment 62, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be significant for purposes 
of Executive Order 12866. This final rule is expected to be an 
Executive Order 14192 deregulatory action.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified. In addition, no new reporting or recordkeeping 
compliance requirements

[[Page 63508]]

are introduced in this final rule. This final rule contains no 
information collection requirements under the Paperwork Reduction Act 
of 1995.
    A Tribal summary impact statement under section (5)(b)(2)(B) and 
(c)(2) of Executive Order 13175 was not required for this final rule 
because this action does not impose substantial direct compliance costs 
on Indian Tribal Governments and this action does not preempt Tribal 
law. A Tribal summary impact statement is not required and has not been 
prepared.
    The Senior Lead Counsel for Regulation of the Department of 
Commerce certified to the Chief Counsel for Advocacy of the Small 
Business Administration that this final rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No public comments were 
received specifically regarding this certification; however, two of the 
comments related to the potential impacts on small businesses and the 
economic analysis for Amendment 62 and are addressed in the responses 
to Comment 4 and Comment 12 in the Comments and Responses section of 
this final rule. No changes to this final rule were made in response to 
public comments. As a result, a regulatory flexibility analysis was not 
required and none was prepared.
    Because this rule relieves a restriction by allowing additional 
commercial and recreational harvest of red grouper and removing the SWG 
recreational seasonal closure, it is not subject to the 30-day delayed 
effectiveness provision of the Administrative Procedure Act pursuant to 
5 U.S.C. 553(d)(1). This final rule will increase the catch limits for 
both the commercial and recreational sectors, distributing additional 
allocation to IFQ shareholders and extending the length of the 2026 
recreational fishing season. This final rule will also remove the SWG 
recreational seasonal closure, allowing recreational fishing for red 
grouper that was previously prohibited from February 1 through March 31 
each year, in Gulf Federal waters seaward of the 20-fathom boundary.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Gulf, Recreational, Red grouper, 
Reef fish.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 2, 2026.
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 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.


Sec.  622.34   [Amended]

0
2. In Sec.  622.34, remove Table 4 to paragraph (d) and remove and 
reserve paragraph (d).

0
3. In Sec.  622.39, revise paragraph (a)(1)(iii)(C) to read as follows:


Sec.  622.39   Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (iii) * * *
    (C) Red grouper.
    (1) For fishing year 2026--4.28 million lb (1.94 million kg).
    (2) For fishing year 2027--4.83 million lb (2.19 million kg).
    (3) For fishing year 2028 and subsequent years--5.37 million lb 
(2.44 million kg).
* * * * *

0
4. In Sec.  622.41, revise paragraph (e)(1) and (e)(2)(iv) to read as 
follows:


Sec.  622.41   Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (e) * * *
    (1) Commercial sector. The IFQ program for groupers and tilefishes 
in the Gulf of America 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)(C). The 
commercial ACL for red grouper, in gutted weight, is 4.51 million lb 
(2.05 million kg) for 2026, 5.08 million lb (2.30 million kg) for 2027, 
and 5.65 million lb (2.56 million kg) for 2028 and subsequent years.
    (2) * * *
    (iv) The recreational ACL for red grouper, in gutted weight, is 
2.11 million lb (0.96 million kg) for 2026, 2.37 million lb (1.08 
million kg) for 2027, and 2.63 million lb (1.19 million kg) for 2028 
and subsequent years. The recreational ACT for red grouper, in gutted 
weight, is 1.92 million lb (0.87 million kg) for 2026, 2.16 million lb 
(0.98 million kg) for 2027, and 2.39 million lb (1.08 million kg) for 
2028 and subsequent years.
* * * * *
[FR Doc. 2026-20435 Filed 10-2-26; 4:15 pm]
BILLING CODE 3510-22-P


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