[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Rules and Regulations]
[Pages 48610-48611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17157]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100217095-2081-04; RTID 0648-XC199]


Reef Fish Fishery of the Gulf of Mexico; 2022 Recreational 
Accountability Measure and Closure for Gulf of Mexico Red Grouper

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) for the red 
grouper recreational sector in the exclusive economic zone (EEZ) of the 
Gulf of Mexico (Gulf) for the 2022 fishing year through this temporary 
rule. NMFS has projected that the 2022 recreational annual catch target 
(ACT) for Gulf red grouper will have been reached by August 30, 2022. 
Therefore, NMFS closes the recreational sector for Gulf red grouper on 
August 30, 2022, and it will remain closed through the end of the 
fishing year on December 31, 2022. This closure is necessary to protect 
the Gulf red grouper resource.

DATES: This temporary rule is effective from 12:01 a.m., local time, on 
August 30, 2022, until 12:01 a.m., local time, on January 1, 2023.

FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional 
Office, telephone: 727-551-5719, email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery, 
which includes red grouper, under the Fishery Management Plan for the 
Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared 
by the Gulf of Mexico Fishery Management Council and is implemented by 
NMFS under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) through regulations at 50 CFR 
part 622. All red grouper weights discussed in this temporary rule are 
in gutted weight.
    Following a recent red grouper stock assessment, NMFS implemented 
Amendment 53 to the Reef Fish FMP (87 FR 25573, May 2, 2022), which 
modified the allocation between the commercial and recreational 
sectors, and the sector catch limits. The new assessment incorporated 
updated historical recreational landings estimates calibrated to the 
Marine Recreational Information Program (MRIP) Fishing Effort Survey 
(FES), the current method for estimating recreational effort. The 
previous recreational catch limits were based on an assessment that 
incorporated the historical recreational landings estimates generated 
using the prior (MRIP) Coastal Household Telephone Survey (CHTS), which 
produced significantly lower estimates of recreational effort. Under 
Amendment 53, the recreational annual catch limit (ACL) is 1.73 million 
lb (0.78 million kg) and the recreational ACT is 1.57 million lb (0.71 
kg)(in MRIP FES units). Subsequent to the Amendment 53 final rule, NMFS 
implemented a final rule for a framework action under the FMP (87 FR 
40742, July 8, 2022) which further revised the red grouper recreational 
ACL to 2.02 million lb (0.92 million kg) and the ACT to 1.84 million lb 
(0.83 million kg). This rule is effective August 8, 2022.
    The Gulf red grouper recreational ACL was exceeded in 2021 by 
approximately 0.72 million lb (0.33 million kg) or 72 percent of the 
recreational ACL. As specified in 50 CFR 622.41(e)(2)(ii), in the year 
following a recreational ACL overage, NMFS is required to maintain the 
red grouper ACT in that following fishing year at the level of the 
prior year's ACT, unless the best scientific information available 
determines that maintaining

[[Page 48611]]

the prior year's ACT is unnecessary. In addition, NMFS is required to 
reduce the length of that following year's recreational fishing season 
to ensure that the recreational ACT is not exceeded in that following 
year.
    Although the regulations refer to maintaining the prior year's ACT, 
the 2021 ACT is not consistent with catch limits established in 
Amendment 53 and the 2022 red grouper framework action because it was 
derived from an assessment that used the outdated MRIP CHTS historical 
recreational landings estimates and the prior commercial-recreational 
allocation. In addition, as explained in the final rule implementing 
Amendment 53, the 2021 ACT, which is 0.92 million lb (0.42 million kg) 
in MRIP CHTS units, would be 1.93 million lb (0.88 million kg) in MRIP 
FES units (87 FR at 25574). This is greater than the current 2022 ACT 
of 1.84 million lb (0.83 million kg), and implementing a closure based 
on the greater ACT would increase the likelihood of exceeding the 2022 
recreational ACL. Therefore, this closure is based on the projection of 
when the newly implemented ACT for 2022 will be reached. Based on data 
from January-April 2022, and on the average harvest rates for the 2020 
and 2021 recreational fishing years, NMFS projects that the 2022 
recreational ACT for Gulf red grouper will be reached as of August 30, 
2022. NMFS used a 2-year average for the projected harvest rates 
because NMFS determined that it is most representative of current 
conditions. The catch rate in 2021 was higher than the catch rate in 
2020. However, the harvest of red grouper from January through April of 
2022 was lower than in 2021, and the price of fuel may be contributing 
to less boating/fishing activity to date in 2022. Accordingly, this 
temporary rule closes the recreational sector for Gulf red grouper 
effective at 12:01 a.m., local time, on August 30, 2022, through the 
end of the fishing year on December 31, 2022.
    During the recreational closure, the bag and possession limits for 
red grouper in or from the Gulf EEZ are zero. The prohibition on 
possession of Gulf red grouper also applies in Gulf state waters for 
any vessel issued a valid Federal charter vessel/headboat permit for 
Gulf reef fish.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(e)(2)(i), which 
was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and 
is exempt from review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment is unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the regulations associated with the 
closure of the red grouper recreational sector at 50 CFR 
622.41(e)(2)(i) have already been subject to notice and public comment, 
and all that remains is to notify the public of the closure. Prior 
notice and opportunity for public comment are contrary to the public 
interest because there is a need to immediately implement this action 
to protect the red grouper stock. Prior notice and opportunity for 
public comment would require time and could result in a harvest well in 
excess of the established ACT and ACL.
    For the aforementioned reasons, the Assistant Administrator 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: August 5, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-17157 Filed 8-5-22; 4:15 pm]
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