[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Rules and Regulations]
[Pages 76125-76126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26999]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170413393-8487-02; RTID 0648-XC555]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Resources of the Gulf of Mexico; Partial Holdback of 
Commercial Quota for Gag in the Gulf of Mexico

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

ACTION: Temporary rule; commercial quota holdback.

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SUMMARY: NMFS issues this temporary rule to withhold a portion of the 
commercial allocation of gag for the 2023 fishing year in anticipation 
of an upcoming rulemaking that would amend the Fishery Management Plan 
for the Reef Fish Resources of the Gulf of Mexico (FMP) by implementing 
interim measures to reduce overfishing of gag. These interim measures 
would, in part, reduce the commercial sector annual catch limit (ACL) 
and quota. This temporary rule will withhold the distribution of gag 
individual fishing quota (IFQ) allocation on January 1, 2023, to 
shareholders in the Groupers and Tilefishes IFQ (GT-IFQ) program in the 
amount equal to the anticipated reduction in the commercial quota.

DATES: This temporary rule is effective from January 1, 2023, until 
June 1, 2023.

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

SUPPLEMENTARY INFORMATION: The reef fish fishery in the Gulf of Mexico 
(Gulf) includes gag and is managed under the FMP. The FMP was prepared 
by the Gulf of Mexico Fishery Management Council (Council) 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).
    The Gulf gag fishery is divided into commercial and recreational 
sectors, with a stock ACL that is allocated 39 percent to the 
commercial sector and 61 percent to the recreational sector. The 
commercial sector is managed under the GT-IFQ program and landings are 
constrained to the commercial quota, which is reduced from the 
commercial ACL. Recreational harvest is currently permitted from June 1 
each year until NMFS projects that recreational landings reach the 
recreational ACL. If the recreational ACL is exceeded, recreational 
harvest is constrained the following year to the recreational annual 
catch target (ACT). All weights described in this temporary rule are in 
gutted weight.
    In January 2022, NMFS notified the Council that gag is overfished 
and undergoing overfishing. The Council is developing an amendment to 
the FMP to end overfishing and rebuild the stock that NMFS expects to 
implement in January 2024. In July 2022, the Council sent a letter to 
NMFS recommending interim measures to reduce overfishing for the 2023 
fishing year. These interim measures would reduce the gag catch limits 
and modify the recreational season. NMFS is working on a proposed 
temporary rule to implement the interim measures and expects any final 
rule implementing these measures to be effective before the current 
recreational season opens on June 1, 2023.
    The interim measures would reduce the current commercial ACL and 
commercial quota from 1.217 million lb (0.552 million kg) and 939,000 
lb (426,000 kg), respectively, to 258,000 lb (117,027 kg) and 199,000 
lb (90,265 kg). Under the GT-IFQ program, annual quota is distributed 
to IFQ shareholders

[[Page 76126]]

as allocation (including multi-use allocation) on January 1, and most 
IFQ program participants begin to use or transfer their allocation 
early in each year. After shareholders begin transferring or landing 
allocation, NMFS is not able to retroactively withdraw allocation from 
shareholder accounts if a commercial quota decrease became effective 
after the beginning of the fishing year. Regulations at 50 CFR 
622.22(a)(4), authorize NMFS to withhold distribution of IFQ allocation 
on January 1 in the amount equal to an expected reduction in the 
commercial quota. Accordingly, through this temporary rule NMFS 
withholds distribution of the portion of the 2023 commercial quota of 
gag equal to the anticipated reduction recommended by the Council.
    NMFS notes that the interim measures recommended by the Council 
included a commercial quota of 199,157 lb (90,336 kg) for 2023. 
However, the analyses supporting the implementation of interim measures 
use a commercial quota rounded to the nearest thousand (199,000 lb 
(90,265 kg)), consistent with the format of the current gag quota. 
Therefore, this temporary rule withholds 740,000 lb (335,658 kg) of 
allocation from the current commercial quota of 939,000 lb (425,923 
kg). NMFS will distribute the available allocation, including multi-use 
allocation, on January 1, 2023.
    If NMFS does not implement the interim action and associated 
temporary rule by June 1, 2023, then NMFS will distribute the withheld 
allocation back to the current shareholders, as determined by the 
shares held on the same date that NMFS distributes the withheld IFQ 
quota.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is taken under 50 CFR 622.22(a)(4), which was 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is 
exempt from review under Executive Order 12866, and other applicable 
laws.
    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 regulation at 50 CFR 
622.22(a)(4) has already been subject to notice and public comment, and 
the public is aware that the Council requested interim measures to 
reduce overfishing for the 2023 fishing year. Therefore, all that 
remains is to notify the public that a portion of the commercial gag 
allocation in 2023 will be withheld to allow for the implementation of 
the interim measures in 2023. Such procedures are contrary to the 
public interest because notice and comment would not allow NMFS to 
implement the interim measures to reduce overfishing for the 2023 
fishing year. If NMFS does not withhold the necessary commercial gag 
allocation, shareholders can begin transferring or landing allocation 
on January 1, 2023, and NMFS would not be able to retroactively 
withdraw allocation from shareholder accounts.
    For the reasons previously stated, the NMFS 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: December 8, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-26999 Filed 12-12-22; 8:45 am]
BILLING CODE 3510-22-P