[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Rules and Regulations]
[Pages 64480-64481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27201]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 141104927-4927-01]
RIN 0648-XG564
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Resources of the Gulf of Mexico; Commercial Reef Fish Fishery
of the Gulf of Mexico; 2019 Red Grouper Commercial Quota Retention
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; withholding of red grouper allocation.
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SUMMARY: NMFS intends to withhold a portion of the red grouper
commercial quota from the Individual Fishing Quota Program for Grouper
and Tilefishes (IFQ) for the 2019 fishing year as a result of a
proposed commercial quota reduction. The Gulf of Mexico Fishery
Management Council (Council) requested that NMFS reduce the Gulf of
Mexico (Gulf) red grouper commercial and recreational annual catch
limits (ACLs) and associated annual catch targets (ACTs) through a
temporary rule to provide increased protections to the stock. The
commercial red grouper quota is equivalent to the commercial ACT. NMFS
is currently evaluating the Council's request and may implement, in
early 2019, a temporary rule to reduce the red grouper ACLs and ACTs.
Because red grouper is managed under an IFQ program, NMFS distributes
IFQ allocation to the program shareholders on January 1 of each year.
After NMFS distributes the applicable commercial quota to shareholders,
it cannot be recalled. Therefore, in anticipation of the possible
commercial quota reduction, NMFS will withhold distribution of 59.4
percent, equivalent to 4.78 million lb (2.17 million kg), gutted
weight, of red grouper IFQ allocation on January 1, 2019. If the quota
reduction is not implemented by June 1, 2019, the withheld quota will
be distributed to the shareholders. This action is necessary to protect
the red grouper resource and to effectively manage the IFQ program in
2019.
DATES: This rule effective 12:01 a.m., local time, January 1, 2019,
until 12:01 a.m., local time, June 1, 2019.
FOR FURTHER INFORMATION CONTACT: Peter Hood, telephone: 727-824-5305,
or email: [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf includes
red grouper and is managed under the Fishery Management Plan for the
Reef Fish Fishery of the Gulf of Mexico (FMP). The FMP was prepared by
the Council and is implemented by NMFS under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
All weights in this temporary rule are in gutted weight.
The current red grouper commercial ACT (commercial quota) is
7,780,000 lb (3,528,949 kg) and the commercial ACL is 8,190,000 lb
(3,714,922 kg). Under the IFQ program for Gulf grouper and tilefish
species, NMFS distributes allocation to shareholders on January 1 each
year. However, regulations at 50 CFR 622.22(a)(4), authorize NMFS to
withhold distribution of IFQ allocation
[[Page 64481]]
on January 1 in the amount equal to an expected reduction in the
commercial quota.
The Council's Scientific and Statistical Committee (SSC) recently
reviewed the results of an interim analysis performed by the Southeast
Fisheries Science Center and recommended that the Council reduce the
red grouper commercial and recreational ACLs and ACTs, effective for
the 2019 fishing year. In addition, there have been recent deceases in
red grouper landings and public testimony at the October Council
meeting expressed concern about the status of the red grouper stock.
Therefore, at its October 2018 meeting, the Council began developing a
framework action to reduce the ACLs and ACTs. In the meantime, the
Council requested that NMFS publish an interim or emergency rule to
temporarily reduce the red grouper commercial and recreational ACLs and
associated ACTs consistent with a red grouper stock ACL of 4.60 million
lb (2.09 million kg), or the 2017 total red grouper landings, whichever
is less. The 2017 combined red grouper commercial and recreational
landings were approximately 4.16 million lb (1.89 million kg).
Therefore, NMFS, is considering whether to issue an interim or
emergency rule to reduce the red grouper ACLs and ACTs consistent with
a stock ACL of 4.16 million lb (1.89 million kg).
If NMFS issues the interim or emergency rule, the commercial ACL
for 2019 would be 3.16 million lb (1.43 million kg). This is
approximately a 59.4 percent reduction from the current commercial ACL
of 8.19 million lb (3.71 million kg). The commercial ACT is 95 percent
of the ACL, and would be 3.00 million lb (1.36 million kg).
Based on the Council's request, NMFS expects a reduction in the red
grouper quota to occur after January 1, 2019. Therefore, consistent
with 50 CFR 622.22(a)(4) NMFS is withholding 4.78 million lb (2.17
million kg) of the red grouper commercial quota when allocation is
distributed to shareholders on January 1, 2019. If a final rule
implementing the quota reduction is not effective by June 1, 2019, NMFS
will distribute the withheld allocation to the shareholders.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
red grouper in the Gulf reef fish fishery and is consistent with the
Magnuson-Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.22(a)(4) and is exempt from
review under Executive Order 12866.
These measures are exempt from the procedures of the Regulatory
Flexibility Act because the temporary rule is issued without
opportunity for prior notice and public comment.
This action responds to the best scientific information available.
The Assistant Administrator for NOAA Fisheries (AA) finds that the need
to immediately implement this action to withhold a portion of the red
grouper commercial quota constitutes good cause to waive the
requirements to provide prior notice and opportunity for public comment
on this temporary rule pursuant to 5 U.S.C. 553(b)(B), because such
procedures are unnecessary and contrary to the public interest. Such
procedures are unnecessary because the ability to withhold a percentage
of the commercial quota as specified at 50 CFR 622.22(a)(4) has already
been subject to notice and public comment. All that remains is to
notify the public of the amount of the applicable commercial quota to
be withheld on January 1, 2019. Such procedures are contrary to the
public interest because of the need to immediately implement this
action to protect the red grouper stock and effectively manage the Gulf
IFQ program.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in the effectiveness of this action under 5
U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: December 11, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-27201 Filed 12-14-18; 8:45 am]
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