[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Proposed Rules]
[Pages 71812-71816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22959]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

RIN 0648-BM46


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Resources of the Gulf of Mexico; Amendment 56

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

ACTION: Announcement of availability of a fishery management plan 
amendment; request for comments.

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SUMMARY: The Gulf of Mexico Fishery Management Council (Council) has 
submitted Amendment 56 to the Fishery Management Plan (FMP) for the 
Reef Fish Resources of the Gulf of Mexico (Gulf) for review, approval, 
and implementation by NMFS. If approved by the Secretary of Commerce, 
Amendment 56 would revise stock status determination criteria for Gulf 
gag, establish a rebuilding plan, and revise catch limits. Amendment 56 
would also revise the sector allocations of the annual catch limit, 
revise recreational accountability measures (AMs), and revise the 
recreational fishing season. The purpose of this action is to implement 
a rebuilding plan for gag and to implement revised management measures 
to end overfishing and rebuild the stock.

DATES: Written comments on Amendment 56 must be received no later than 
December 18, 2023.

ADDRESSES: You may submit comments on Amendment 56 identified by 
``NOAA-NMFS-2023-0103'' by either of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2023-0103'' in the Search 
box. Click the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
    <bullet> 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 
https://www.regulations.gov without change. All personal identifying 
information, e.g., name, 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 the required fields if you wish to remain anonymous.
    An electronic copy of Amendment 56, which includes an environmental 
assessment, a fishery impact statement, a Regulatory Flexibility Act 
(RFA) analysis, and a regulatory impact review, may be obtained from 
the Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-56-modifications-catch-limits-sector-allocation-and-recreational-fishing-seasons.

FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#1377727d7a767f3d7f66766160537d7c72723d747c65"><span class="__cf_email__" data-cfemail="d0b4b1beb9b5bcfebca5b5a2a390bebfb1b1feb7bfa6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery, which includes gag, under the FMP in Federal waters of 
the Gulf. The Council prepared the FMP and NMFS implements the FMP 
through regulations at 50 CFR part 622 under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield (OY) from federally managed fish stocks. These 
mandates are intended to ensure 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.
    Unless otherwise noted, all weights in this notice are in gutted 
weight.
    Gag in the Gulf exclusive economic zone (EEZ) are found primarily 
in the eastern Gulf. Juvenile gag are estuarine dependent and are often 
found in shallow seagrass beds. As gag mature, they move to deeper 
offshore waters to live and spawn. Gag is managed as a single stock 
with commercial and recreational catch limits. The allocation of the 
stock annual catch limit (ACL) between the commercial and recreational 
sectors established in Amendment 30B to the FMP is currently 39 percent 
commercial and 61 percent recreational.
    Commercial fishing for gag is managed under the individual fishing 
quota (IFQ) program for groupers and tilefishes (GT-IFQ program), which 
began January 1, 2010, upon implementation of the final rule for 
Amendment 29 to the FMP (74 FR 44732, August 31, 2009; 75 FR 9116, 
March 1, 2010). Under the GT-IFQ program, the commercial quota for gag 
is set 23 percent below the gag commercial ACL, and NMFS distributes 
allocation (in pounds) of gag on January 1 each year to those who hold 
shares (in percent) of the gag total commercial quota. Both gag and red 
grouper, another grouper species managed under the GT-IFQ program, have 
a commercial multi-use provision that allows a portion of the gag quota 
to be harvested under the red grouper allocation, and vice versa. As 
explained further in Amendment 56, the multi-use provision is based on 
the difference between the respective red grouper and gag ACLs and 
quotas. However, if gag is under a rebuilding plan, as would occur 
under Amendment 56, the percentage of red grouper multi-use allocation 
is equal to zero. Commercial harvest of gag is also restricted by area 
closures and a minimum size limit.
    NMFS and the Council manage the recreational harvest of gag with an 
ACL an annual catch target (ACT) set approximately 10 percent below the 
ACL, in-season and post-season AMs, seasonal and area closures, a 
minimum size limit, and daily bag and possession limits.
    The most recent stock assessment for gag was completed in 2021 
through Southeast Data, Assessment, and Review 72 (SEDAR 72), and 
concluded that the gag stock is overfished is undergoing overfishing as 
of 2019. Compared to the previous assessment for gag, SEDAR 72 used 
several improved data sources, including corrections for the potential 
misidentification between black grouper and gag, which are similar 
looking species, to better quantify estimates of commercial discards. 
SEDAR 72 also utilized updated recreational catch and effort data from 
the Marine Recreational

[[Page 71813]]

Information Program (MRIP) Access Point Angler Intercept Survey and 
Fishing Effort Survey (FES) through 2019. MRIP-FES replaced the MRIP 
Coastal Household Telephone Survey (CHTS) in 2018. Prior to the 
implementation of MRIP in 2008, recreational landings estimates were 
generated using the Marine Recreational Fisheries Statistics Survey 
(MRFSS). Because MRIP-FES is designed to more accurately measure 
fishing activity, total recreational fishing effort estimates generated 
from MRIP-FES are generally higher than both the MRFSS and MRIP-CHTS 
estimates. Prior to SEDAR 72, the most recent stock assessment for gag 
was SEDAR 33 Update (2016), 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 MRIP-CHTS.
    SEDAR 72 also accounted for observations of red tide mortality 
directly within the stock assessment model. Gag is vulnerable to red 
tide events and was negatively affected by these disturbances in 2005, 
2014, 2018, and projected for 2021. Modeling changes were also made in 
SEDAR 72 to improve size estimates of gag retained by commercial and 
for-hire (charter vessels and headboats) fishermen, and private 
anglers.
    The Council's Scientific and Statistical Committee (SSC) reviewed 
the results of SEDAR 72 in November 2021 and concluded that the 
assessment was consistent with the best scientific information 
available and suitable for informing fisheries management. On January 
26, 2022, NMFS notified the Council that gag was overfished and 
undergoing overfishing. The Magnuson-Stevens Act requires that a 
rebuilding plan be developed and implemented within 2 years from when 
NMFS notifies the appropriate fishery management council that a stock 
is overfished. The Council developed Amendment 56 to comply with this 
mandate.
    At its January 2022 meeting, the Council requested that the NMFS 
Southeast Fisheries Science Center update the SEDAR 72 base model by 
replacing MRIP-FES calibrated landing estimates with private mode 
recreational landings estimates calibrated to the Florida Fish and 
Wildlife Commission's State Reef Fish Survey (SRFS). Historically, SRFS 
estimates a slightly larger harvest of gag by private anglers and state 
charter vessels (in Florida) than MRIP-CHTS, but estimates a 
substantially smaller harvest of gag by private anglers and state 
charter vessels than MRIP-FES. This alternative model run of SEDAR 72 
(``SRFS Run'') also used MRIP-FES data for the federal permitted 
charter vessel and shore modes, and Southeast Region Headboat Survey 
(SRHS) data for federally permitted headboats.
    The results of the SRFS Run were presented to the Council's SSC at 
its July 2022 meeting. The SSC found the SEDAR 72 SRFS Run to be 
consistent with the best scientific information available. The SSC 
determined that SRFS is a comprehensive survey for the gag private 
angling component of the recreational sector given that greater than 95 
percent of private angling landings of gag are captured by the SRFS 
sampling frame and that the SRFS program's collection protocol had been 
certified by NMFS as scientifically rigorous. NMFS worked in 
conjunction with the State of Florida to develop a calibration model to 
adjust historic effort estimates so that they could be compared to new 
estimates from SRFS. The calibration of SRFS to historical gag landings 
was reviewed and approved by peer-review through the NOAA Office of 
Science and Technology in May 2022. Information about the calibration 
and the SSC's review of the SEDAR 72 SRFS Run can be found here: 
https://gulfcouncil.org/meetings/scientific-and-statistical-meetings/july-2022/. The results of the SEDAR 72 SRFS Run were consistent with 
the results of the SEDAR 72 base model in that both concluded that the 
gag stock is overfished and is undergoing overfishing.
    Because Amendment 56 would not likely be implemented until 2024, 
and the Council recognized that maintaining the 2023 catch limits for 
gag would continue to allow overfishing, the Council sent a letter to 
NMFS, dated July 18, 2022 (Appendix A in Amendment 56), requesting 
interim measures that would reduce the gag stock ACL from 3.12 million 
lb (1.415 million kg) to 661,901 lb (300,233 kg). The Council 
determined, and NMFS agreed, that for this short-term reduction in 
harvest it was appropriate to maintain the current sector allocations 
of 39 percent commercial and 61 percent recreational, and the 
availability of red grouper multi-use and gag multi-use under the IFQ 
program. In addition to the reduction in the catch limits, the Council 
requested that the recreational fishing season for 2023 begin on 
September 1 and close on November 10, rather than the existing open 
season of June 1 through December 31. NMFS implemented these interim 
measures through a temporary rule effective on May 3, 2023 (88 FR 
27701, May 3, 2023). The measures in the temporary rule are effective 
for 180 days (through October 30, 2023), and NMFS expects to extend 
them for up to 186 additional days while NMFS reviews public comments 
on this proposed rule and Amendment 56, and prepares any final 
regulations. Because the SSC's review of the SEDAR 72 SRFS Run occurred 
after the Council's request for interim measures for gag, the 
recreational catch limits in the temporary rule are consistent with 
MRIP-FES calibrated landings and are not directly comparable to the 
catch limits in Amendment 56. Based on the results of the SEDAR 72 SRFS 
Run and the SSC recommendations, the Council is recommending management 
changes for gag through Amendment 56.

Actions Contained in Amendment 56

    If approved by the Secretary of Commerce, Amendment 56 would make 
several changes to the management of gag in the Gulf:
    <bullet> Revise the maximum sustainable yield (MSY) proxy, OY, and 
stock status determination criteria (SDC);
    <bullet> Establish a rebuilding plan for the stock, and revise the 
overfishing limit (OFL), acceptable biological catch (ABC), and stock 
ACL consistent with the rebuilding plan;
    <bullet> Revise the commercial and recreational allocation of the 
stock ACL and set new commercial and recreational sector ACLs, sector 
ACTs and commercial quota;
    <bullet> Modify the recreational AMs; and
    <bullet> Modify the recreational fishing season.

Status Determination Criteria

    Based on the results of SEDAR 72, Amendment 56 would revise the 
SDC, which can be used to determine whether overfishing is occurring or 
the stock is overfished. The proxy for maximum sustainable yield (MSY) 
would be defined as the yield when fishing at the fishing mortality 
rate (F) associated with a 40 percent spawning potential ratio (SPR), 
where SPR is the ratio of the spawning stock biomass to its unfished 
state. The maximum fishing mortality threshold (MFMT) would be equal to 
F<INF>40</INF><not-eq><INF>SPR</INF>. The minimum stock size threshold 
(MSST) would be defined as 50 percent of the biomass at the new MSY 
proxy. The OY would be conditional on the rebuilding plan, such that if 
the stock is under a rebuilding plan, OY would be equal to the stock 
ACL; and if the stock is not under a rebuilding plan, OY would be equal 
to 90 percent of MSY or its proxy. Currently, MSY is defined in the FMP 
as F assuming the maximum yield per recruit (F<INF>MAX</INF>), and the 
MFMT is F<INF>MAX</INF>. The MSST is defined as 50 percent of

[[Page 71814]]

the biomass at F<INF>MAX</INF>. The OY is defined as 75 percent of the 
yield at F<INF>MAX</INF>. The proposed change in SDC represents a more 
conservative approach to management that would rebuild the gag stock to 
a more robust size, which should be more resilient to episodic 
mortality from red tide, harmful algal blooms, and sustainable levels 
of fishing mortality.

Stock Rebuilding Plan Timeline, Sector Allocations, and Catch Limits

    Amendment 56 would set the rebuilding timeline for gag at 18 years 
based on the amount of time the stock is expected to take to rebuild if 
fished at 75 percent of the MSY proxy (yield at 
F<INF>40</INF><not-eq><INF>SPR</INF>). The OFLs and ABCs for 2024 
through 2028 are based on the yield when fishing at 
F<INF>40</INF><not-eq><INF>SPR</INF> and the yield when fishing at 75 
percent of F<INF>40</INF><not-eq><INF>SPR</INF>, respectively.
    Amendment 56 evaluated two other rebuilding times: 11 years, which 
is the minimum time to rebuild in the absence of fishing mortality; and 
22 years, which is twice the minimum time. In addition, the Council 
initially considered an alternative rebuilding time of 19 years, which 
is based on the minimum rebuilding time plus one generation time (8 
years for gag). Because this option resulted in a rebuilding time 
similar to fishing at 75 percent of the MSY proxy, the Council moved 
this alternative Considered but Rejected (Appendix C in Amendment 56). 
The Council also discussed whether to consider in more detail a 
rebuilding time between 11 years and 18 years. The Council decided not 
to add an additional alternative because a slightly shorter rebuilding 
time would provide minimal benefits to the stock but increase the 
negative impacts to fishing communities.
    In addition, Amendment 56 would revise sector allocations of the 
stock ACL from 39 percent commercial and 61 percent recreational to 35 
percent commercial and 65 percent recreational, using recreational data 
from the SEDAR 72 SRFS Run. The Council considered two alternatives to 
allocate the stock ACL to the commercial and recreational sectors: (1) 
maintain the current allocation of 39 percent commercial and 61 percent 
recreational, which was based on MRFSS data from 1986 through 2005, and 
(2) update historical recreational landings using the SEDAR 72 SRFS Run 
calibrated data from the same 1986 through 2005 period, which would 
result in an allocation of the stock ACL of 35 percent to the 
commercial sector and 65 percent to the recreational sector. During the 
development of these two allocation alternatives, the Council also 
reviewed allocation options based on five additional historical 
reference periods from 1986 to 2019. These options differed by less 
than 1 percent up to less than 4 percent. Because the options were so 
similar, the Council decided to move forward with detailed analysis of 
only the two alternatives described above. The Council determined that 
the second option would best represent the historic landings for each 
sector while accounting for the change from MRFSS to SRFS Run data in 
the recreational sector.
    The commercial-recreational sector allocation impacts the catch 
level projections produced by SEDAR 72. As more of the stock ACL is 
allocated to the recreational sector, the proportion of recreational 
discards and associated mortality increases. Recreational discard 
mortality rates are assumed to be less than commercial discard 
mortality rates but the total amount of recreational discards is 
considerably greater than commercial discards. Generally, a gag caught 
and released by a recreational fisherman has a greater likelihood of 
survival than by a commercial fisherman because of how and where they 
fish. However, because of the much higher numbers of gag that are 
released by the recreational sector compared to the commercial sector, 
the total number of discarded fish that die from recreational fishing 
exceeds dead discards from commercial fishing. This results in 
additional mortality for the stock and a lower projected annual yield, 
which means a lower OFL, ABC, and stock ACL. However, the higher number 
of dead discards is not due to any change in how the recreational 
sector prosecutes the fishery but occurs because the SEDAR 72 SRFS Run 
data estimates greater fishing effort, and consequently a greater 
number of fish being caught, which includes discards and the associated 
mortality of discarded fish.
    Consistent with the Councils' recommended rebuilding time and 
commercial-recreational allocation, Amendment 56 would revise the OFL 
and ABC. The Council also recommended the stock ACL be set equal to the 
ABC. The current OFL and ABC, and the OFLs and ABCs for 2024 through 
2028, which increase over the time series as projected for the 
rebuilding plan, are shown in Table 1. However, the current OLF and ABC 
are not directly comparable to the proposed OFLs and ABCs because they 
are based, in part, on recreational landings estimates produced by the 
different surveys discussed above. Note that in Amendment 56, all of 
the catch levels were rounded down to the nearest thousand pounds. 
Values in 2028 would continue for subsequent fishing years unless 
modified through another action.

                               Table 1--Current and Proposed OFLs and ABCs for Gag
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                            Year                                 OFL in pounds (kg)        ABC in pounds (kg)
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2023........................................................     4,180,000 (1,896,016)     3,120,000 (1,415,208)
2024........................................................         591,000 (268,073)         444,000 (201,395)
2025........................................................         805,000 (365,142)         615,000 (278,959)
2026........................................................         991,000 (449,510)         769,000 (348,813)
2027........................................................       1,200,000 (544,311)         943,000 (427,738)
2028........................................................       1,454,000 (659,523)       1,156,000 (524,353)
----------------------------------------------------------------------------------------------------------------
Note: Values are displayed in gutted weight. Kg is kilograms.

    Prior to the implementation of the 2023 temporary rule, the stock 
ACL was 3.120 million lb (1.415 million kg) and was allocated 39 
percent to the commercial sector and 61 percent to the recreational 
sector. The resulting commercial ACL and quota were 1.217 million lb 
(0.552 million kg) and 0.939 million lb (0.426 million kg) 
respectively, and the recreational ACL and ACT were 1.903 million lb 
(0.863 million kg) and 1.708 million lb (0.775 million kg) 
respectively. The commercial ACT is not codified. These catch limits 
are based on the results of the 2016 SEDAR 33 Update (2016), which 
included recreational landings estimates generated from MRIP-CHTS.

[[Page 71815]]

The 2023 temporary rule reduced these catch limits consistent with the 
Council's request. Therefore, the current commercial ACL and commercial 
quota as implemented by the 2023 temporary rule are 258,000 lb (117,027 
kg) and 199,000 lb (90,265 kg), respectively, and the recreational ACL 
and ACT are 403,759 lb (183,142 kg) and 362,374 lb (164,370 kg), 
respectively. These catch limits are based on the results of the 
initial SEDAR 72 base model run, which included recreational landings 
estimates generated using MRIP-FES.
    Amendment 56 would set the stock ACL for gag at 444,000 lb (201,395 
kg) in 2024, and would allocate approximately 35 percent to the 
commercial sector and approximately 65 percent to the recreational 
sector. This results in a 155,000-lb (70,307-kg) commercial ACL, and a 
288,000-lb (130,635-kg) recreational ACL. These catch limits are based 
on the results of the SEDAR 72 SRFS Run, which included recreational 
landings estimates generated using SRFS. Amendment 56 would set catch 
levels from 2024 through 2028. However, the 2028 catch levels would 
continue after 2028 until modified by subsequent action. As noted 
above, all of the catch levels from were rounded down to the nearest 
thousand pounds. Therefore, the sum of the sector ACLs does not equal 
the stock ACL. In addition, because of the different recreational 
landings estimates used to determine the catch limits described above, 
those catch limits are not directly comparable. However, the proposed 
catch limits are a significant reduction compared to the catch limits 
that would go back into effect after the 2023 temporary rule expires.
    Based on the Council's recommendation, Amendment 56 would modify 
the commercial quota such that it would be set equal to the ACT, and 
would be approximately 5 percent below the commercial ACL. The current 
buffer between the commercial ACL and commercial quota is 23 percent. 
The Council recommended reducing this buffer between the commercial ACL 
and ACT in Amendment 56 because there have been considerable 
improvements in the estimation of commercial landings and discards of 
gag since the buffer was put in place through Amendment 32 to the FMP. 
Further, the fraction of gag discarded compared to the total number of 
gag caught has remained low. NMFS does not expect the actions in 
Amendment 56 to significantly increase commercial discards of gag. 
Therefore, the commercial quota would be approximately 95 percent of 
the commercial ACL.
    For the recreational sector, the current buffer between the ACL and 
ACT is approximately 10 percent. The Council elected to choose a more 
conservative ACT than if they had applied the ACL and ACT control rule, 
which would have resulted in the same 10 percent buffer between the 
recreational ACL and ACT. Instead, the Council decided to double that 
buffer to increase the probability of rebuilding gag by accounting for 
uncertainty in managing recreational harvest and further reducing 
fishing mortality and discards that result from directed harvest. Thus, 
Amendment 56 would establish a recreational ACT that is approximately 
20 percent below the recreational ACL. Table 2 shows the proposed catch 
levels recommended for gag in Amendment 56.

                                                   Table 2--Proposed Stock ACL and Sector Catch Levels
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                 Com ACT & Quota lb
                     Year                        Stock ACL lb (kg)      Com ACL lb (kg)      Rec ACL lb (kg)            (kg)           Rec ACT lb (kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2024.........................................      444,000 (201,395)     155,000 (70,307)    288,000 (130,635)     147,000 (66,678)    230,000 (104,326)
2025.........................................      615,000 (278,959)     215,000 (97,522)    399,000 (180,983)     204,000 (92,533)    319,000 (144,696)
2026.........................................      769,000 (348,813)    269,000 (122,016)    499,000 (226,343)    255,000 (115,666)    399,000 (180,983)
2027.........................................      943,000 (427,738)    330,000 (149,685)    613,000 (278,052)    313,000 (141,974)    490,000 (222,260)
2028.........................................    1,156,000 (524,353)    404,000 (183,251)    751,000 (340,648)    383,000 (173,726)    600,000 (272,155)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Values are displayed in gutted weight.
Abbreviations used in this table: Com means commercial and Rec means recreational. Lb is pounds and kg is kilograms.

Recreational Accountability Measures

    For the recreational sector, the current AMs require NMFS to 
prohibit harvest of gag for the rest of the fishing year when the 
recreational ACL is projected to be met. The AMs also state that if the 
recreational ACL for gag is exceeded in a fishing year, then in the 
following fishing year, NMFS will maintain the prior year's ACT at the 
same level, unless the best scientific information available determines 
that is unnecessary, and the fishing season duration will be set based 
on the recreational ACT. In addition to the previous measures, if gag 
is overfished and the recreational ACL is exceeded in a fishing year, 
NMFS will reduce the ACL and ACT in the following fishing year by the 
amount of the ACL overage, unless the best scientific information 
available determines that is unnecessary. Amendment 56 would change the 
AMs to require that NMFS prohibit harvest when the recreational ACT is 
projected to be met regardless of whether there was an overage of the 
ACL in the prior year. NMFS and the Council expect this change, in 
combination with the increased buffer between the recreational ACL and 
ACT, to decrease the likelihood of recreational harvest exceeding the 
recreational ACL. The larger buffer between the recreational ACL and 
ACT would also reduce the level of discards associated with directed 
harvest, increasing the probability of meeting the 18 years rebuilding 
time.
    Amendment 56 would also remove the provision that requires the 
previous year's ACT to be maintained in the year following an overage 
of the ACL. Because the stock is overfished and NMFS is required to 
reduce the ACL and ACT by any overage, an additional adjustment that 
retains the lower ACT is unnecessary.

Recreational Fishing Season

    Before NMFS implemented the temporary recreational fishing season 
for gag in 2023, the season for Gulf gag began on June 1 and continued 
through December 31. During the effective period of the temporary rule, 
the recreational fishing season opened on September 1 and was to close 
on November 10, 2023, unless NMFS projected the recreational ACL would 
be harvested prior to that date. On October 4, 2023, NMFS published a 
temporary rule closing recreational harvest effective on October 19, 
2023 (88 FR 68495).
    Amendment 56 would modify the recreational fishing season for gag 
so the season would begin each year on September 1. Unlike the season 
duration implemented by the temporary rule,

[[Page 71816]]

Amendment 56 would not establish a predetermined season closure date. 
Consistent with the revised AMs, Amendment 56 would require NMFS to 
close the gag recreational season when landings are projected to reach 
the recreational ACT. NMFS would use the best data available to project 
the duration of the proposed recreational season in 2024 and in 
following years. NMFS expects to have better estimates of recreational 
fishing effort and catch of gag for a season beginning September 1 
after data from 2023 are finalized. This should reduce the uncertainty 
in projecting an appropriate closure date for the 2024 recreational 
fishing season. Once the ACT for gag is projected to be met and is 
closed, recreational fishing for gag would not resume before the end of 
the year because data would not yet be available to determine whether 
landings did reach the ACT.

Proposed Rule for Amendment 56

    NMFS has drafted a proposed rule to implement Amendment 56. In 
accordance with the Magnuson-Stevens Act, NMFS is evaluating the 
proposed rule to determine whether it is consistent with the FMP, the 
Magnuson-Stevens Act, and other applicable laws. If that determination 
is affirmative, NMFS will publish the proposed rule in the Federal 
Register for public review and comment.

Consideration of Public Comments

    The Council has submitted Amendment 56 for Secretarial review. 
Comments on Amendment 56 must be received by December 18, 2023. 
Comments received during the respective comment periods, whether 
specifically directed to Amendment 56 or the proposed rule will be 
considered by NMFS in the decision to approve, disapprove, or partially 
approve Amendment 56. All comments received by NMFS on the amendment or 
the proposed rule during their respective comment periods will be 
addressed in any final rule.

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

    Dated: October 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-22959 Filed 10-17-23; 8:45 am]
BILLING CODE 3510-22-P


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