[Federal Register Volume 90, Number 244 (Tuesday, December 23, 2025)]
[Rules and Regulations]
[Pages 60016-60017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-23755]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230427-0115]
RTID 0648-XF378
Reef Fish Fishery of the Gulf of America; Partial Holdback of
Commercial Quota for the Other Shallow-Water Grouper Complex
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 the Other Shallow-Water Grouper (SWG) complex
for the 2026 fishing year in anticipation of the upcoming rulemaking to
implement a framework action under the Fishery Management Plan for the
Reef Fish Resources of the Gulf (FMP). If implemented by NMFS, the
framework action would, in part, reduce the commercial annual catch
limit (ACL) and commercial quota for the Other SWG complex. This
temporary rule will withhold the distribution of a portion of the Other
SWG individual fishing quota (IFQ) allocation on January 1, 2026, 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, 2026, until
June 1, 2026.
FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery in the Gulf of America
(Gulf) includes Other SWG and is managed under the FMP. The FMP was
prepared by the Gulf Fishery Management Council (Council), approved by
the Secretary of Commerce, 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).
All catch limits in this temporary rule are in pounds (lb) gutted
weight.
In the Gulf, the Other SWG complex consists of scamp, yellowmouth
grouper, black grouper, and yellowfin grouper. Commercial harvest of
Other SWG species occurs under the GT-IFQ program and landings are
managed to the commercial quota, which is reduced from the commercial
ACL. The current commercial ACL is 547,000 lb (248,115 kg) and the
commercial annual catch target (ACT, or quota) is 526,000 lb (238,590
kg), which is 4 percent below the commercial ACL. The buffer between
the commercial ACL and the commercial quota is in place to account for
scientific uncertainty with the level of discards and to allow for the
IFQ flexibility measures under which some species in the deep-water
grouper complex can be landed under the Other SWG quota.
In 2022, the Southeast Data, Assessment, and Review 68 (SEDAR 68)
assessed scamp and yellowmouth grouper together and indicated that
harvest must be reduced. The Council's Scientific and Statistical
Committee (SSC) accepted SEDAR 68 as consistent with the best
scientific information available and recommended updated status
determination criteria and catch levels for these two stocks. The
remaining Other SWG species, black grouper and yellowfin grouper, could
not be assessed due to a lack of the data necessary to accurately
assess population metrics of these species in the Gulf.
As a result of the SSC recommendations for scamp and yellowmouth
grouper, the Council initiated work on Amendment 58A to the FMP, which
considers dissolving the Other SWG complex and creating two new
complexes, one for scamp and yellowmouth grouper and another for black
grouper and yellowfin grouper, and setting catch limits for these new
complexes. Amendment 58A also considers changes to the commercial IFQ
program to reflect the two new complexes as well as other management
measures. In recognition of the complexity of Amendment 58A and the
additional time required for its development and implementation, the
Council developed a framework action to reduce harvest of scamp and
yellowmouth, consistent with the SSC recommendations, until Amendment
58A can be completed. The Council approved the framework action at its
June 2025 meeting. If NMFS determines that the proposed regulations to
implement the framework action are consistent with the FMP and other
applicable law, NMFS expects to publish a proposed rule in early 2026
and intends for any final rule to be effective by June 1, 2026. The
framework action would reduce the total allowable harvest of Other SWG
and reduce the commercial ACL from 547,000 lb (248,115 kg) to 255,636
lb (115,955 kg), and the commercial quota from 525,000 lb (238,136 kg)
to 245,410 lb (111,316 kg). Commercial landings have never exceeded
this proposed commercial quota.
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
becomes effective after the beginning of the fishing year. Regulations
at 50 CFR 622.22(a)(4), require 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 2026 commercial quota of
Other SWG equal to the anticipated reduction recommended by the Council
in the framework action.
NMFS will distribute the available Other SWG allocation of 245,410
lb (111,316 kg), on January 1, 2026. If NMFS does not implement the
framework action, including the revised commercial quota, by June 1,
2026, 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 of the expected
[[Page 60017]]
quota reduction included in the framework action. Therefore, all that
remains is to notify the public that a portion of the commercial Other
SWG allocation in 2026 will be withheld to allow for the implementation
of the framework action in 2026 if a final rule is effective before
June 1. Such procedures are contrary to the public interest because
notice and comment would not allow NMFS to implement the framework
action to reduce Other SWG complex catch levels until 2027. If NMFS
does not withhold the necessary commercial Other SWG allocation,
shareholders can begin transferring or landing allocation on January 1,
2026, and NMFS would not be able to retroactively withdraw allocation
from shareholder accounts. Delaying implementation of the framework
action until 2027 could allow for harvest of scamp and yellowmouth
grouper in excess of the level supported by the most recent stock
assessment.
For the aforementioned reasons, 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. 1801 et seq.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 19, 2025.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2025-23755 Filed 12-22-25; 8:45 am]
BILLING CODE 3510-22-P