[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]
 BILLING CODE 3510-22-P