[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83040-83041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26211]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 230427-0115; RTID 0648-XD523]


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 2024 fishing year in anticipation 
of the upcoming rulemaking for Amendment 56 to the Fishery Management 
Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) that would 
amend the FMP by implementing measures to end overfishing of gag and 
establish a rebuilding plan for the stock. These measures would, in 
part, reduce the commercial sector annual catch limit (ACL) and 
commercial quota. This temporary rule will withhold the distribution of 
gag individual fishing quota (IFQ) allocation on January 1, 2024, to 
shareholders in the Groupers and Tilefishes IFQ (GT-IFQ) program in the 
amount equal to the anticipated reduction in the commercial quota and 
set the red grouper multi-use allocation to zero as required when gag 
is in a rebuilding plan.

DATES: This temporary rule is effective from January 1, 2024, until 
June 1, 2024.

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 approved 
and 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. 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. In July 2022, the Council sent a letter to 
NMFS recommending interim measures to reduce overfishing beginning in 
the 2023 fishing year while the Council developed Amendment 56 to the 
FMP to implement permanent measures to end overfishing and rebuild the 
stock. The interim measures, effective from May 3, 2023, through May 2, 
2024, reduced the gag catch limits and modified the recreational season 
(88 FR 27701, May 3, 2023). Therefore, the current commercial ACL and 
commercial quota, implemented through those interim measures, are 
258,000 lb (117,027 kg) and 199,000 lb (90,265 kg), respectively.
    On October 18, 2023, NMFS published an announcement of availability 
for Amendment 56 (88 FR 71812, October 18, 2023), and on November 9, 
NMFS published a proposed rule to implement Amendment 56 (88 FR 77246, 
November 9, 2023). As described in the announcement of availability and 
proposed rule, if Amendment 56 is approved and implemented the 
commercial ACL and commercial quota for the 2024 fishing year would be 
further reduced to 155,000 lb (70,307 kg) and 147,000 lb (66,678 kg). 
Under the GT-IFQ program, annual quota is distributed to IFQ 
shareholders 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 2024 commercial quota of 
gag equal to the anticipated reduction recommended by the Council in 
Amendment 56. Because Amendment 56 would also establish a rebuilding 
plan for gag, multi-use allocation of red grouper would be set a zero 
on implementation. Therefore, through this temporary rule, NMFS will 
set the red grouper IFQ multi-use allocation at zero.
    NMFS will distribute the available gag allocation, on January 1, 
2024.
    If NMFS does not implement Amendment 56, including the revised 
commercial quota, by June 1, 2024, 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,

[[Page 83041]]

and the public is aware that the Council has submitted Amendment 56 to 
end overfishing of gag beginning in the 2024 fishing year. Therefore, 
all that remains is to notify the public that a portion of the 
commercial gag allocation in 2024 will be withheld to allow for the 
implementation of the Amendment 56 in 2024, if approved. Such 
procedures are contrary to the public interest because notice and 
comment would not allow NMFS to implement the Amendment 56 measures to 
end overfishing during the 2024 fishing year. If NMFS does not withhold 
the necessary commercial gag allocation, shareholders can begin 
transferring or landing allocation on January 1, 2024, and NMFS would 
not be able to retroactively withdraw allocation from shareholder 
accounts.

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

    Dated: November 22, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-26211 Filed 11-27-23; 8:45 am]
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