[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Proposed Rules]
[Pages 7388-7393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02211]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230130-0032]
RIN 0648-BL89


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Resources of the Gulf of Mexico; Temporary Measures To Reduce 
Overfishing of Gag

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

ACTION: Proposed temporary rule; request for comments.

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SUMMARY: This proposed temporary rule would implement interim measures 
to reduce overfishing of gag in Federal waters of the Gulf of Mexico 
(Gulf). This temporary rule would reduce the 2023 commercial and 
recreational sector harvest levels for gag and would change the 2023 
recreational fishing season for gag in Federal waters of the Gulf. This 
proposed temporary rule would be effective for 180 days, but NMFS may 
extend the interim measures for a maximum of an additional 186 days. 
The purpose of this proposed temporary rule is to reduce overfishing of 
gag while the long-term management measures are developed.

DATES: Written comments must be received by February 21, 2023.

ADDRESSES: You may submit comments on the proposed temporary rule 
identified by ``NOAA-NMFS-2022-0136'' by either of the following 
methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter ``NOAA-NMFS-2022-0136'' in the Search box. Click the 
``Comment'' icon, complete the required fields, and enter or attach 
your comments.
     Mail: Submit all written comments to Dan Luers, NMFS 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information, e.g., name and address, confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments--enter 
``N/A'' in required fields if you wish to remain anonymous.
    Electronic copies of the environmental assessment (EA) supporting 
these proposed interim measures may be obtained from the Southeast 
Regional Office website at https://www.fisheries.noaa.gov/action/interim-action-reduce-overfishing-gag-gulf-mexico. The EA includes a 
regulatory impact review and a Regulatory Flexibility Act (RFA) 
analysis.

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

SUPPLEMENTARY INFORMATION: The reef fish fishery in the Gulf is managed 
under the Fishery Management Plan for the Reef Fish Resources of the 
Gulf of Mexico (FMP) and includes gag and 30 other managed reef fish 
species. 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 authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).

Background

    The Magnuson-Stevens Act requires that NMFS and regional fishery 
management councils prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks. These 
mandates are intended to ensure that fishery resources are managed for 
the greatest overall benefit to the Nation, particularly with respect 
to providing food production and recreational opportunities, and 
protecting marine ecosystems.
    All weights described in this proposed temporary rule are in gutted 
weight.
    Gulf gag is harvested by the commercial and recreational sectors, 
with 39 percent of the total annual catch limit (ACL) allocated to the 
commercial sector and 61 percent allocated to the recreational sector. 
Commercial harvest of gag is managed under the individual fishing quota 
program for groupers and tilefishes (GT-IFQ program). NMFS constrains 
commercial landings of gag to the commercial quota, which is the 
harvest level reduced from the commercial ACL. Recreational harvest of 
gag is currently allowed from June 1

[[Page 7389]]

each year until NMFS projects that recreational landings reach the 
recreational ACL. If the recreational landings exceed its ACL, 
recreational harvest is constrained the following year to the 
recreational annual catch target (ACT).
    The current stock ACL for gag is 3.12 million lb (1.415 million 
kg). The current gag commercial ACL and commercial quota are 1.217 
million lb (0.552 million kg) and 939,000 lb (426,000 kg), 
respectively. The current recreational ACL and recreational ACT for gag 
are, 1.903 million lb (0.863 million kg) and 1.708 million lb (0.775 
million kg), respectively. The current harvest levels are based on the 
results of the 2016 Southeast Data, Assessment, and Review (SEDAR) 
stock assessment process (SEDAR 33 Update), which indicated that gag 
was not subject to overfishing and was not overfished. The SEDAR 33 
Update included recreational catch and effort data generated by the 
Marine Recreational Information Program (MRIP) using the Coastal 
Household Telephone Survey (CHTS).
    The gag stock was assessed again in 2021 in SEDAR 72, and was 
determined to be overfished and undergoing overfishing. Several data 
inputs used in the SEDAR 33 Update were modified in SEDAR 72. Most 
notably was the change in recreational catch and effort data from MRIP-
CHTS to the MRIP-Fishing Effort Survey (FES). MRIP began transitioning 
from the CHTS to the FES in 2015 and the FES replaced the CHTS in 2018. 
MRIP-FES generally estimates higher recreational effort, and thus 
higher recreational landings, than MRIP-CHTS.
    SEDAR 72 also accounted for observations of red tide mortality, 
since gag is vulnerable to red tide events and was negatively affected 
by these disturbances in 2005, 2014, 2018, and projected for 2021 
directly within the stock assessment model. Lastly, modeling changes 
were made in SEDAR 72 to better quantify commercial discards by taking 
into account the potential misidentification between black grouper and 
gag, which are similar looking species, and to improve size estimates 
of gag retained by commercial and for-hire fishermen, and private 
anglers.
    In November 2021, the Council's Scientific and Statistical 
Committee (SSC) reviewed SEDAR 72 and found it to be the best 
scientific information available for informing fisheries management. On 
January 26, 2022, NMFS notified the Council that gag was overfished and 
undergoing overfishing, and that measures to rebuild the stock and end 
overfishing must be implemented within 2 years, i.e., by January 26, 
2024. In response, the Council began work on Amendment 56 to the FMP. 
However, because the management measures in Amendment 56 will not be 
effective until the 2024 fishing year, the Council requested that NMFS 
implement interim measures to reduce overfishing of gag during the 2023 
fishing year. Specifically, the Council requested that NMFS implement 
reduced catch levels for gag using the current sector allocation, and 
that NMFS move the start of the gag recreational fishing season.
    The reduced catch limits requested by the Council are based on a 
rebuilding time that is equal to twice the time necessary to rebuild 
the stock if fishing mortality was reduced to zero, which is one of the 
rebuilding times considered in Amendment 56. The catch limits would be 
a stock ACL of 661,901 lb (300,233 kg), commercial ACL and quota of 
258,000 lb (117,027 kg) and 199,000 lb (90,265 kg), respectively, and 
recreational ACL and ACT of 403,759 lb (183,142 kg) and 362,374 lb 
(164,370 kg), respectively. The proposed recreational catch limits are 
not directly comparable to the current recreational catch limits 
because of the change from MRIP-CHTS to MRIP-FES to estimate 
recreational landings. However, the proposed recreational catch limits 
would result in a substantial reduction in the length of the 
recreational season.
    Although the Council requested a commercial ACL of 258,142 lb 
(117,091 kg) and commercial quota of 199,157 lb (90,336 kg) for 2023, 
the analyses conducted by NMFS supporting the implementation of interim 
measures use a commercial ACL and quota rounded to the nearest thousand 
pounds, as noted above. NMFS used the rounded numbers because they are 
consistent with the numerical format of the current gag commercial 
catch limits and the Council did not consider whether this practice 
should be continued for the purpose of the interim commercial catch 
limits. NMFS expects the Council to clearly articulate in Amendment 56 
whether the commercial catch limits for gag should continue to be 
rounded to the nearest thousand pounds.
    In addition to the reduction in the gag catch limits, the Council 
requested that NMFS move the start of the gag recreational fishing 
season for the 2023 fishing year from June 1 to September 1. The 
Council also requested the season close on November 10, instead of 
remaining open through December 31, as it is currently. Therefore, the 
recreational fishing season would be open from September 1 through 
November 9, 2023, unless NMFS projects that the recreational ACL will 
be reached sooner and closes the recreational sector as required by the 
accountability measures specified in 50 CFR 622.41(d)(2). The Council 
and NMFS expect that the proposed change to the recreational season 
would maximize the number of recreational fishing days for gag. If the 
opening date for the recreational season remains June 1, 2023, NMFS 
projects that recreational landings of gag would reach the proposed 
recreational ACL in only 16 days.
    The Council did not recommend interim modifications to the 
commercial sector's IFQ multi-use provision for gag and red grouper. 
Therefore, the gag and red grouper multi-use allocation would be 
available as specified in 50 CFR 622.22(a)(5).

Management Measures Contained in This Proposed Temporary Rule

    During the effectiveness of this proposed temporary rule in 2023, 
the total ACL for gag would be 661,901 lb (300,233 kg). This rule would 
also specify the commercial and recreational sector ACLs and component 
commercial quotas using the existing sector allocations of the total 
ACL of 39 percent commercial and 61 percent recreational. The 
commercial ACL and commercial quota would be 258,000 lb (117,027 kg) 
and 199,000 lb (90,265 kg), respectively. The recreational ACL would be 
403,759 lb (183,142 kg), and the recreational ACT would be 362,374 lb 
(164,370 kg). In addition, this proposed temporary rule would change 
the 2023 recreational fishing season to September 1 until November 10 
from the current season of June 1 through December 31. NMFS would 
shorten the 2023 recreational season length through the current 
accountability measure of an in-season closure if NMFS projects that 
recreational landings will meet or exceed the recreational ACL prior to 
the proposed November 10 closure date. Because the commercial sector 
relies on the GT-IFQ program that distributes commercial quota to 
shareholders for the entire fishing year, no change to the commercial 
fishing season would occur under this proposed temporary rule.
    The proposed temporary reductions in the allowable harvest of gag 
would result in reduced allowable harvest for both the commercial and 
recreational sectors and a reduced recreational fishing season. The 
reduced harvest levels and shortened recreational fishing season would 
likely result in short-term adverse socio-economic effects. However, 
the temporary ACLs, commercial quota, and recreational ACT are expected 
to minimize future adverse

[[Page 7390]]

socio-economic effects by potentially decreasing further reductions in 
the allowable harvest levels required to end overfishing of gag through 
Amendment 56. The temporary harvest levels proposed in this temporary 
rule would also provide biological benefits to the gag stock by 
reducing the current levels of fishing mortality.

Future Action

    NMFS has determined that this proposed temporary rule is necessary 
to reduce overfishing of gag. If NMFS issues a final temporary rule, it 
would be effective for not more than 180 days after the date of 
publication in the Federal Register, as authorized by section 305(c) of 
the Magnuson-Stevens Act. The final temporary rule could be extended if 
NMFS publishes a temporary rule extension in the Federal Register for 
up to an additional 186 days, provided that the public has had an 
opportunity to comment on the proposed interim measures. At this time, 
NMFS expects to extend the temporary rule after the 180-day period. If 
NMFS does not extend the proposed interim measures, the total and 
sector ACLs for gag, as well as the commercial sector quota would 
revert to the current limits after 180 days.

Classification

    This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c). The NMFS Assistant Administrator has 
determined that this proposed temporary rule is consistent with the 
Magnuson-Stevens Act and other applicable law, subject to further 
consideration after public comment.
    This proposed temporary rule has been determined to be not 
significant for purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the legal basis for this proposed 
temporary rule. No duplicative, overlapping, or conflicting Federal 
rules have been identified. In addition, no new reporting and record-
keeping requirements are introduced by this proposed temporary rule. 
This proposed temporary rule contains no information collection 
requirements under the Paperwork Reduction Act of 1995.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) for 
this proposed temporary rule, as required by section 603 of the 
Regulatory Flexibility Act, 5 U.S.C. 603. The IRFA describes the 
economic impact this proposed temporary rule, if adopted, would have on 
small entities. A description of this proposed temporary rule, why it 
is being considered, and the purposes of this proposed temporary rule 
are contained in the SUMMARY and SUPPLEMENTARY INFORMATION sections of 
the preamble. A copy of the full analysis is available from NMFS (see 
ADDRESSES). A summary of the IRFA follows.
    The objective of this proposed temporary rule is to use the best 
scientific information available to reduce overfishing of gag while a 
rebuilding plan is developed, consistent with the authority under the 
Magnuson-Stevens Act. All monetary estimates in the following analysis 
are in 2019 dollars.
    This proposed temporary rule would revise the stock ACL, sector 
ACLs, commercial quota, and recreational ACT for gag based on the 
``TMin*2'' rebuilding scenario, which is twice the minimum time for the 
stock to rebuild with zero fishing mortality and is an alternative 
under consideration in Amendment 56. Given the current allocation of 
the stock ACL of 39 percent to the commercial sector and 61 percent to 
the recreational sector, the current stock ACL, commercial ACL, 
recreational ACL, commercial quota, and recreational ACT are 3.12 
million lb (1.415 million kg), 1.217 million lb (0.552 million kg), 
1.903 million lb (0.863 million kg), 939,000 lb (426,000 kg), and 1.708 
million lb (0.775 million kg), respectively. The recreational portion 
of the current stock ACL, the recreational ACL, and the recreational 
ACT are based on MRIP-CHTS data. This proposed temporary rule would 
retain the current sector allocation percentages, but would reduce the 
stock ACL, commercial ACL, recreational ACL, commercial quota and 
recreational ACT to 661,901 lb (300,233 kg), 258,000 lb (117,027 kg), 
403,759 lb (183,142 kg), 199,000 lb (90,265 kg), and 362,374 lb 
(164,370 kg), respectively. The recreational portion of the revised 
stock ACL, the recreational ACL, and the recreational ACT are based on 
MRIP-FES data. This proposed temporary rule would also change the 
recreational season start date from June 1 to September 1, and close 
the season on November 10 unless when the recreational ACL is projected 
to be met sooner. As a result, this proposed temporary rule is expected 
to regulate commercial fishing businesses that possess shares of gag in 
the GT-IFQ program and for-hire fishing businesses that target gag.
    The gag commercial quota is allocated annually based on the 
percentage of gag shares in each IFQ account. For example, if an 
account possesses 1 percent of the gag shares and the commercial quota 
is 1 million lb (0.45 million kg), then that account would receive 
10,000 lb (4,536 kg) of commercial gag quota. Although it is common for 
a single IFQ account with gag shares to be held by a single business, 
some businesses have multiple IFQ accounts with gag shares. As of July 
8, 2021, 506 IFQ accounts held gag shares. These accounts and gag 
shares were owned by 455 businesses. Thus, it is assumed this proposed 
temporary rule would regulate 455 commercial fishing businesses.
    A valid charter vessel/headboat permit for Gulf reef fish is 
required to legally harvest gag on a recreational for-hire fishing 
trip. NMFS does not possess complete ownership data regarding 
businesses that hold a charter vessel/headboat permit for Gulf reef 
fish, and thus potentially harvest gag. Therefore, it is not currently 
feasible to accurately determine affiliations between vessels and the 
businesses that own them. As a result, for purposes of this analysis, 
it is assumed each for-hire vessel is independently owned by a single 
business, which is expected to result in an overestimate of the actual 
number of for-hire fishing businesses regulated by this proposed 
temporary rule.
    NMFS also does not have data indicating how many for-hire vessels 
actually harvest gag in a given year. However, in 2020, there were 
1,289 vessels with valid charter vessel/headboat permits for Gulf reef 
fish. Further, gag is only targeted and almost entirely harvested in 
waters off the west coast of Florida. Of the 1,289 federally permitted 
vessels, 803 were homeported in Florida. Of these permitted vessels, 62 
are primarily used for commercial fishing rather than for-hire fishing 
purposes, and thus are not considered for-hire fishing businesses. In 
addition, 46 of these permitted vessels are considered headboats, which 
are considered for-hire fishing businesses. However, headboats take a 
relatively large, diverse set of anglers to harvest a diverse range of 
species on a trip, and therefore do not typically target a particular 
species exclusively. Therefore, it is assumed that no headboat trips 
would be canceled, and thus no headboats would be directly affected as 
a result of this proposed regulatory action. However, charter vessels 
often target gag. Of the 803 vessels with a valid charter vessel/
headboat permit for Gulf reef fish that are homeported in Florida, 695 
vessels are charter vessels. A recent study reported that 76 percent of 
charter vessels with a valid charter vessel/headboat permit in the Gulf 
were active in 2017, i.e., 24 percent were not fishing. A charter 
vessel would only be directly affected by this proposed

[[Page 7391]]

temporary rule if it used to go fishing. Given this information, NMFS' 
best estimate of the number of charter vessels that are likely to 
harvest gag in a given year is 528, and thus this proposed temporary 
rule is estimated to regulate 528 for-hire fishing businesses.
    For RFA purposes, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (50 CFR 200.2). A business primarily 
involved in the commercial fishing industry is classified as a small 
business if it is independently owned and operated, is not dominant in 
its field of operation (including its affiliates), and its combined 
annual receipts (revenue) are not in excess of $11 million for all of 
its affiliated operations worldwide. NMFS does not collect revenue data 
specific to commercial fishing businesses that have IFQ accounts; 
rather, revenue data are collected for commercial fishing vessels in 
general. It is not possible to assign revenues earned by commercial 
fishing vessels back to specific IFQ accounts and the businesses that 
possess them because quota is often transferred across many IFQ 
accounts before it is used by the business on a vessel for harvesting 
purposes, and specific units of quota cannot be tracked. However, from 
2016 through 2020, the maximum annual gross revenue earned by a single 
vessel during this time was about $1.73 million in 2016. The average 
gross revenue per vessel was about $108,000 in that year. By 2020, the 
maximum and average gross revenue per vessel had decreased to about 
$730,000 and $79,700, respectively. Based on this information, all 
commercial fishing businesses regulated by this proposed temporary rule 
are determined to be small entities for the purpose of this analysis.
    For other industries, the Small Business Administration has 
established size standards for all major industry sectors in the U.S., 
including for-hire businesses (North American Industry Classification 
System (NAICS) code 487210). A business primarily involved in for-hire 
fishing is classified as a small business if it is independently owned 
and operated, is not dominant in its field of operation (including its 
affiliates), and has annual receipts (revenue) not in excess of $12.5 
million for all its affiliated operations worldwide. The maximum annual 
gross revenue for a single headboat in the Gulf was about $1.38 million 
in 2017. On average, annual gross revenue for headboats in the Gulf is 
about three times greater than annual gross revenue for charter 
vessels, reflecting the fact that businesses that own charter vessels 
are typically smaller than businesses that own headboats. Based on this 
information, all for-hire fishing businesses regulated by this proposed 
temporary rule are determined to be small businesses for the purpose of 
this analysis.
    If implemented, NMFS expects this proposed temporary rule to 
regulate 455 of the 536 businesses with IFQ accounts, or approximately 
85 percent of those commercial fishing businesses. Further, NMFS 
expects this proposed temporary rule would regulate 528 of the 1,227 
for-hire fishing businesses with valid charter vessel/headboat permits 
for Gulf reef fish, or approximately 43 percent of those for-hire 
fishing businesses. NMFS has determined that, for the purpose of this 
analysis, all regulated commercial and for-hire fishing businesses are 
small entities. Based on this information, NMFS expects the proposed 
temporary rule to affect a substantial number of small entities.
    Because revenue and cost data are not collected for the commercial 
fishing businesses that are expected to be regulated by this proposed 
temporary rule, direct estimates of their economic profits are not 
available. However, economic theory suggests that annual allocation 
(quota) prices should reflect expected annual economic profits, which 
allows economic profits to be estimated indirectly. Further, the 455 
businesses with gag shares also own shares in the other IFQ share 
categories and thus are expected to earn profits from their ownership 
of these shares as well, i.e., red snapper, red grouper, shallow-water 
grouper, deep-water grouper, and tilefish.
    However, economic profits will only be realized if the allocated 
quota is used for harvesting purposes. For example, practically all of 
the commercial red snapper quota has been used for harvesting in recent 
years, and so it is assumed that all of that quota will be harvested in 
the foreseeable future. Important management changes have occurred for 
red grouper, which partly resulted in 96 percent of the commercial 
quota being harvested in 2021. Thus, this analysis also assumes that 
all of the red grouper quota will be harvested in the future as well. 
However, based on 2017-2021 data, only 82 percent of the deep-water 
grouper quota, 38 percent of the shallow-water grouper quota, and 73 
percent of the tilefish quota have been harvested, and that is expected 
to continue in the foreseeable future. For gag, the quota utilization 
rate from 2017-2021 was approximately 52 percent. Given these quota 
utilization rates in combination with average annual allocation prices 
from 2017-2021 and annual commercial quotas in 2021, the total expected 
economic profits for businesses with gag shares are estimated to be at 
least $29.4 million at the present time. This estimate does not account 
for any economic profits that may accrue to businesses with gag shares 
that also own commercial fishing vessels that harvest non-IFQ species. 
Such profits are likely to be small because harvest of IFQ species 
accounts for around 84 percent of commercial IFQ vessels' annual 
revenue and economic profits from the harvest of non-IFQ species tend 
to be smaller than those from IFQ species. Given that there are 455 
businesses with gag shares, the average annual expected economic profit 
per commercial fishing business is at least $64,620.
    However, most of these economic profits (82 percent) are the result 
of owning red snapper shares. Only approximately $502,930 (or 1.7 
percent) of their expected economic profits is due to the ownership of 
gag shares. This proposed temporary rule is only expected to affect 
economic profits from the ownership of gag shares, specifically because 
of the proposed action to reduce the gag commercial ACL from 1.217 
million lb (0.552 million kg) to 258,000 lb (117,027 kg) and the gag 
commercial quota from 939,000 lb (426,000 kg) to 199,000 lb (90,265 
kg). Average annual commercial landings of gag from 2017-2021 were 
492,401 lb (223,349 kg). Because average annual landings exceed the 
proposed commercial quota, it is assumed all of the proposed commercial 
quota will be harvested in the future. Further, the expected reduction 
in annual commercial landings is 293,401 lb (133,084 kg). The reduction 
in commercial landings is expected to increase the average ex-vessel 
price of gag from $6.10 per lb to $7.54 per lb, thereby partially 
offsetting the adverse effects of the expected landings reduction. 
Thus, the expected reduction in annual ex-vessel revenue for gag is 
approximately $1.5 million. Given an average annual allocation price of 
$1.03 per lb for gag from 2017-2021, the expected reduction in 
commercial landings of gag is expected to reduce economic profits to 
these commercial fishing businesses by about $302,200, or by 
approximately $660 per commercial fishing business. Thus, economic 
profit is expected to be reduced by no more than 1 percent on average 
per commercial fishing business.
    Based on the most recent information available, average annual 
profit is $27,948 per charter vessel. The action

[[Page 7392]]

that revises the stock ACL changes the gag recreational ACL from 1.903 
million lb (0.86 million kg) in MRIP-CHTS units to 403,759 lb (183,142 
kg) in MRIP-FES units. The terms ``MRIP-CHTS units'' and ``MRIP-FES 
units'' signify that although the current and proposed recreational 
ACLs are expressed in pounds, they are in different scales and not 
directly comparable. However, average recreational landings from 2017-
2021 were approximately 2.538 million lb (1.151 million kg) in MRIP-FES 
units. Given that average recreational landings have been considerably 
greater than the proposed recreational ACL, all of the proposed 
recreational ACL is expected to be harvested in the future. The 
recreational ACL reduction is expected to reduce the recreational 
season length from 214 days to 16 days, which in turn is expected to 
reduce the number of trips targeting gag on charter vessels by 26,542 
angler trips. Net Cash Flow per Angler Trip (CFpA) is the best 
available estimate of economic profit per angler trip by charter 
vessels. CFpA on charter vessels is estimated to be $149 per angler 
trip. Thus, NMFS expects the estimated reduction in charter vessel 
economic profits from this proposed action to be $3.955 million. The 
reduction in charter vessel economic profits is estimated to be $7,490 
per vessel, or almost 27 percent on average per for-hire fishing 
business.
    The proposed action that changes the recreational season would 
increase the number of target trips for gag by charter vessels during 
this period over the number of target trips in previous years by 2,159 
trips, thereby partially mitigating the reduction in target trips due 
to the proposed recreational ACL reduction. Assuming the CFpA on 
charter vessels is $149 per angler trip, this proposed action is 
expected to increase economic profits for charter vessels by $321,733, 
or by $609 per charter vessel. Thus, economic profits are expected to 
be increased by around 2.2 percent on average per for-hire fishing 
business.
    Based on the above, the total reduction in economic profits for 
charter vessels from this proposed temporary rule is expected to be 
about $3.634 million, or approximately $6,882 per charter vessel. Thus, 
economic profits are expected to be reduced by approximately 24.6 
percent on average per for-hire fishing business.
    Three alternatives, including the status quo, were considered for 
the proposed action to revise the current gag stock ACL, commercial 
ACL, recreational ACL, commercial quota, and recreational ACT of 3.12 
million lb (1.415 million kg), 1.217 million lb (0.552 million kg), 
1.903 million lb (0.863 million kg), 939,000 lb (426,000 kg), and 1.708 
million lb (0.775 million kg) based on MRIP-CHTS data. The proposed 
action would revise the same catch levels for gag to 661,901 lb 
(300,233 kg), 258,000 lb (117,027 kg), 403,759 lb (183,142 kg), 199,000 
lb (90,265 kg), and 362,374 lb (164,370 kg), respectively, based on the 
TMin*2 rebuilding scenario and MRIP-FES data. Similar to the proposed 
action, the status quo alternative would have retained the current 
allocation of the stock ACL of 39 percent to the commercial sector and 
61 percent to the recreational sector. But, it also would have 
maintained current the stock ACL, commercial ACL, recreational ACL, 
commercial quota, and recreational ACT stated earlier based on MRIP-
CHTS data. The status quo alternative was not selected because it would 
not reduce overfishing of gag while a rebuilding plan is being 
developed, contrary to the purpose of this proposed temporary rule.
    A second alternative would have decreased the allocation percentage 
of the gag stock ACL to the commercial sector from 39 percent to 20.5 
percent and increased the allocation percentage to the recreational 
sector from 61 percent to 79.5 percent. Further, based on the TMin*2 
rebuilding scenario and MRIP-FES data, this alternative would have 
revised the gag stock ACL, commercial ACL, recreational ACL, commercial 
quota, and recreational ACT from 3.12 million lb (1.415 million kg), 
1.217 million lb (0.552 million kg), 1.903 million lb (0.863 million 
kg), 939,000 lb (426,000 kg), and 1.708 million lb (0.775 million kg) 
based on MRIP-CHTS data to 611,578 lb (277,407 kg), 125,000 lb (56,699 
kg), 486,204 lb (220,538 kg), 98,000 lb (44,452 kg), and 436,368 lb 
(197,933 kg). Like the proposed preferred action, this alternative 
would have reduced overfishing while a rebuilding plan is being 
developed. However, since this temporary rule and an extension cannot 
in combination be in effect for more than 366 days, this alternative 
was not selected because the Council advised NMFS that it would prefer 
to address sector allocations for gag on a longer-term basis through an 
amendment to the FMP.
    A third alternative would have decreased the allocation percentage 
of the gag stock ACL to the commercial sector from 39 percent to 18 
percent and increased the allocation percentage to the recreational 
sector from 61 percent to 82 percent. Further, based on the TMin*2 
rebuilding scenario and MRIP-FES data, this alternative would have 
revised the gag stock ACL, commercial ACL, recreational ACL, commercial 
quota and recreational ACT from 3.12 million lb (1.42 million kg), 
1.217 million lb (0.55 million kg), 1.903 million lb (0.86 million kg), 
939,000 lb (426,000 kg), and 1.708 million lb (0.78 million kg) based 
on MRIP-CHTS data to 605,165 lb (274,745 kg), 109,000 lb (49,486 kg), 
496,235 lb (225,291 kg), 84,000 lb (38,136 kg), and 445,370 lb (202,198 
kg). Similar to the second alternative, this alternative would have 
reduced overfishing while a rebuilding plan is being developed. 
However, since this temporary rule and an extension cannot be in effect 
for more than 366 days, this alternative was not selected because the 
Council advised NMFS that it would prefer to address sector allocations 
for gag on a longer-term basis through an amendment to the FMP.
    Three alternatives, including the status quo, were considered for 
the proposed action to change the recreational start date from June 1 
to September 1, and close the season on November 10, unless NMFS 
projects the recreational ACL will be met sooner. The status quo 
alternative would have maintained the recreational season start date of 
June 1, which was expected to result in a recreational season length of 
only 16 days compared to 70 days under the proposed action. This 
alternative was not selected as it would not mitigate the adverse 
effects from the proposed recreational ACL reduction and thereby would 
have resulted in greater adverse effects on small for-hire fishing 
businesses.
    The second alternative would have changed the recreational season 
start date from June 1 to October 1, which would have resulted in a 
recreational season length of 55 days compared to 70 days under the 
proposed action. Although the second alternative would have mitigated 
some of the adverse effects from the proposed recreational ACL 
reduction, this alternative was not selected because, given the shorter 
season length compared to the proposed action, it would not allow for-
hire fishing businesses and recreational fishermen as much flexibility 
in planning target trips for gag, which is particularly desirable 
during hurricane season, which occurs from June 1 through November 30 
each year. Further, unlike the proposed action, this alternative does 
not have a fixed closure date, which would increase the probability of 
exceeding the recreational ACL relative to the proposed action.
    The third alternative would have changed the recreational season 
start

[[Page 7393]]

date from June 1 to November 1, which would have resulted in a 
recreational season length of 29 days compared to 70 days under the 
proposed action. Although the third alternative would have mitigated 
some of the adverse effects from the proposed recreational ACL 
reduction, this alternative was not selected because it would not have 
mitigated those adverse effects as much as the proposed action, thereby 
causing relatively greater adverse effects on small for-hire fishing 
businesses. Further, given the shorter season length compared to the 
proposed action, it would not allow for-hire fishing businesses and 
recreational fishermen as much flexibility in planning target trips for 
gag, which is particularly desirable during hurricane season. Also, 
similar to the second alternative, this alternative does not have a 
fixed closure date, which would increase the probability of exceeding 
the recreational ACL relative to the proposed action.

List of Subjects in 50 CFR Part 622

    Annual catch limit, Fisheries, Fishing, Gag, Gulf of Mexico.

    Dated: January 30, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 622 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.  622.34:
0
a. Suspend paragraph (e); and
0
b. Add paragraph (i).
    The addition reads as follows:


Sec.  622.34  Seasonal and area closures designed to protect Gulf reef 
fish.

* * * * *
    (i) Seasonal closure of the recreational sector for gag. The 
recreational harvest of gag in or from the Gulf EEZ is closed from 
January 1 through August 31 and from November 10 through December 31. 
During the closure, the bag and possession limits for gag harvested in 
or from the Gulf EEZ are zero.
0
3. In Sec.  622.39:
0
a. Suspend paragraph (a)(1)(iii)(B); and
0
b. Add paragraph (a)(1)(iii)(D).
    The addition reads as follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (iii) * * *
    (D) Gag. Shallow-water groupers (SWG) have a separate quota for 
gag, among the other species described in the introductory text of 
paragraph (a)(1)(iii) of this section, and as specified in this 
paragraph (a)(1)(iii)(D). This quota is specified in gutted weight, 
that is, eviscerated but otherwise whole. The commercial quota for gag 
is 199,000 lb (90,265 kg).
* * * * *
0
4. In Sec.  622.41, revise paragraphs (d)(1) and (d)(2)(iv) to read as 
follows:


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

* * * * *
    (d) * * *
    (1) Commercial sector. The IFQ program for groupers and tilefishes 
in the Gulf of Mexico serves as the accountability measure for 
commercial gag. The commercial ACL in gutted weight is 258,000 lb 
(117,027 kg).
    (2) * * *
    (iv) The recreational ACL in gutted weight is 403,759 lb (183,142 
kg). The recreational ACT in gutted weight is 362,374 lb (164,370 kg).
* * * * *
[FR Doc. 2023-02211 Filed 2-2-23; 8:45 am]
BILLING CODE 3510-22-P