[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Rules and Regulations]
[Pages 40742-40744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14545]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 220630-0148]
RIN 0648-BL22


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Resources of the Gulf of Mexico; Catch Limits for Red Grouper

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

ACTION: Final rule.

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SUMMARY: NMFS implements management measures described in a framework 
action under the Fishery Management Plan for the Reef Fish Resources of 
the Gulf of Mexico (FMP) as prepared by the Gulf of Mexico Fishery 
Management Council (Council). This final rule increases commercial and 
recreational catch levels for red grouper in the Gulf of Mexico (Gulf). 
The purpose of this final rule is to prevent overfishing of red grouper 
and to achieve optimum yield (OY) from the stock.

DATES: This final rule is effective on August 8, 2022.

ADDRESSES: Electronic copies of the framework action may be obtained 
from the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/modification-gulf-mexico-red-grouper-catch-limits. The framework action includes an environmental 
assessment, a fishery impact statement, a Regulatory Flexibility Act 
analysis, and a regulatory impact review.

FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery, including red grouper, under the FMP. The Council 
prepared the FMP and NMFS implements the FMP through regulations at 50 
CFR part 622 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).
    On May 3, 2022, NMFS published a proposed rule in the Federal 
Register to implement the management measures described in the 
framework action and requested public comment (87 FR 26178). The 
proposed rule and the framework action provide additional background 
and rationale for the actions contained in this final rule. A summary 
of the management measures described in the framework action and 
implemented through this final rule is described below. All weights 
described in this final rule are in gutted weight.
    Red grouper in the Gulf exclusive economic zone is found primarily 
in offshore areas of the eastern Gulf with hard bottom, that is, bottom 
structure with relief that attracts fish. Red grouper is managed as a 
single stock with commercial and recreational annual catch limits 
(ACLs) and annual catch targets (ACTs). Prior to June 1, 2022, the 
stock ACL was allocated 76 percent to the commercial sector and 24 
percent to the recreational sector. On June 1, 2022, NMFS implemented 
the final rule for Amendment 53 to the FMP, which modified the 
allocation of the red grouper stock ACL to 59.3 percent for the 
commercial sector and 40.7 percent for the recreational sector (87 FR 
25573, May 2, 2022). Amendment 53 and its implementing final rule also 
adjusted the catch levels for red grouper based on the results of a 
2019 stock assessment (Southeast Data, Assessment, and Review (SEDAR) 
61). As specified in Amendment 53, the current overfishing limit (OFL) 
and acceptable biological catch (ABC) are 4.66 million lb (2.11 million 
kg) and 4.26 million lb (1.93 million kg), respectively. The red 
grouper stock ACL is equal to the ABC.
    Subsequent to the management measures the Council recommended in 
Amendment 53, the Council recommended further revisions to red grouper 
catch levels based on an interim analysis conducted by the NMFS 
Southeast Fishery Science Center (SEFSC). This interim analysis 
indicated that Gulf red grouper harvest levels could be increased. The 
Council's Scientific and Statistical Committee (SSC) agreed with the 
results of the interim analysis and recommended increasing the 
overfishing limit (OFL) to 5.99 million lb (2.72 million kg) and

[[Page 40743]]

increasing the acceptable biological catch (ABC) to 4.96 million lb 
(2.25 million kg). Based on the SSC recommendations, the Council 
revised the catch limits and approved this framework action at its 
October 2021 meeting.

Management Measures Contained in This Final Rule

    This final rule revises the ACLs and ACTs for Gulf red grouper 
consistent with the sector allocations established in Amendment 53 and 
implemented by the associated final rule (87 FR 25573, May 2, 2022). 
This final rule increases the total ACL for Gulf red grouper from 4.26 
million lb (1.93 million kg) to 4.96 million lb (2.25 million kg).
    Using the sector allocations approved in Amendment 53 and 
implemented by NMFS on June 1, 2022, this final rule increases the 
commercial ACL and ACT from 2.53 million lb (1.15 million kg) and 2.40 
million lb (1.09 million kg) to 2.94 million lb (1.33 million kg) and 
2.79 million lb (1.27 million kg), respectively.
    For the recreational sector, this final rule increases the 
recreational ACL and ACT from 1.73 million lb (0.78 million kg) and 
1.57 million lb (0.71 million kg) to 2.02 million lb (0.92 million kg) 
and 1.84 million lb (0.83 million kg), respectively.

Comments and Responses

    NMFS received 12 public comments on the proposed rule from 
individuals, commercial and recreational fishing associations, and a 
sportfishing trade organization. The majority of the public comments 
supported the proposed action. Some of the comments requested that NMFS 
revise the allocation of the red grouper stock ACL between the 
commercial and recreational sectors. These comments are outside the 
scope of the proposed rule and framework action, and therefore, are not 
addressed further in this final rule. NMFS acknowledges the comments in 
favor of all or part of the proposed rule, and agrees with them. 
Comments that are opposed to the proposed rule expressed concern about 
the health of the red grouper stock. These comments are grouped and 
summarized below, and NMFS' response follows.
    Comment: NMFS should not increase the red grouper catch limits at 
this time. Red grouper in the Gulf is struggling. The Council and NMFS 
should consider waiting at least 1 or 2 years to let the red grouper 
stock grow to a greater level before increasing the catch limits.
    Response: NMFS disagrees. Maintaining the current ACLs and ACTs is 
not consistent with the best scientific information available, which 
indicates that the red grouper stock can support higher catch limits. 
Amendment 53 and its implementing final rule set catch limits based on 
SEDAR 61, the most recent stock assessment for Gulf red grouper, which 
was completed in September 2019. However, in 2021, the SEFSC made two 
adjustments to the SEDAR 61 estimates. First, the SEFSC found that the 
SEDAR 61 assessment model underestimated the average size of red 
grouper caught recreationally by about 2.1 lb (0.9 kg) per fish. When 
the SEFSC ran the SEDAR 61 model using the new recreational weight 
estimates, the results indicated that an increase in catch limits was 
appropriate. Second, the SEFSC performed an interim analysis to update 
SEDAR 61 catch level projections that incorporated the recreational 
per-fish weight adjustments and used the NMFS Bottom Longline Survey as 
the index of abundance, which showed an increase in the number of fish 
and also indicated that catch limit increases were appropriate. In 
August 2021, the Council's SSC reviewed these two analyses, agreed that 
the Gulf red grouper stock could support additional harvest, and 
recommended increases in the OFL and ABC. The Council approved 
increases to the catch limits implemented through this final rule at 
its October 2021 meeting. NMFS agrees with the SSC and the Council that 
the best scientific information available supports increasing the red 
grouper catch limits, and that these revised catch limits will help 
achieve OY on a continuing basis while preventing overfishing.

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 the framework action, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. The Magnuson-Stevens Act provides 
the legal basis for this final rule. No duplicative, overlapping, or 
conflicting Federal rules have been identified.
    A description of this final rule, why it is being considered, and 
the purpose of this final rule are contained in the SUMMARY and 
SUPPLEMENTARY INFORMATION sections of this final rule. The objectives 
of this final rule are to revise the ACLs and ACTs for Gulf red grouper 
consistent with the best scientific information available, and to 
continue to achieve OY consistent with the requirements of the 
Magnuson-Stevens Act.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) during the proposed rule stage that this action 
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. NMFS did not receive any 
comments from SBA's Office of Advocacy or the public regarding the 
certification in the proposed rule. As a result, a regulatory 
flexibility analysis was not required and none was prepared.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gulf of Mexico, Red grouper, Reef fish.

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

    Dated: July 1, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, 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)(iii)(C) to read as follows:


Sec.  622.39   Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (iii) * * *
    (C) Red grouper. 2.79 million lb (1.27 million kg).
* * * * *

0
3. In Sec.  622.41, revise the last sentence of paragraph (e)(1) and 
paragraph (e)(2)(iv) to read as follows:


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

* * * * *
    (e) * * *
    (1) * * * The commercial ACL for red grouper in gutted weight is 
2.94 million lb (1.33 million kg).
    (2) * * *

[[Page 40744]]

    (iv) The recreational ACL for red grouper in gutted weight is 2.02 
million lb (0.92 million kg). The recreational ACT for red grouper in 
gutted weight is 1.84 million lb (0.83 million kg).
* * * * *
[FR Doc. 2022-14545 Filed 7-7-22; 8:45 am]
BILLING CODE 3510-22-P