[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Proposed Rules]
[Pages 77246-77256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24539]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 231101-0258]
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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
Amendment 56 to the Fishery Management Plan for the Reef Fish Resources 
of the Gulf of Mexico (FMP) as prepared by the Gulf of Mexico

[[Page 77247]]

Fishery Management Council (Council). If implemented for gag in the 
Gulf of Mexico (Gulf), this proposed rule would revise catch levels, 
recreational accountability measures (AMs), and the recreational 
fishing season. In addition, Amendment 56 would establish a rebuilding 
plan for the overfished stock, revise stock status determination 
criteria, and sector harvest allocations. The purpose of this action is 
to implement a rebuilding plan for gag and revised management measures 
to end overfishing and rebuild the stock.

DATES: Written comments on this proposed rule must be received no later 
than December 11, 2023.

ADDRESSES: You may submit comments on the proposed rule 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 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.
    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, or email: <a href="/cdn-cgi/l/email-protection#670306090e020b490b12021514270908060649000811"><span class="__cf_email__" data-cfemail="98fcf9f6f1fdf4b6f4edfdeaebd8f6f7f9f9b6fff7ee">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: NMFS, with the advice of the Council, 
manages the reef fish fishery, which includes gag, under the FMP in 
Federal waters of the Gulf. The Council prepared the FMP, which the 
Secretary of Commerce approved, 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.
    All weights in this proposed rule are given in gutted weight unless 
indicated otherwise.
    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 by 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 and this proposed rule, 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, with the advice of the Council, manages 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 used updated recreational catch and effort data from the 
Marine Recreational 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 used recreational catch and effort data generated by 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

[[Page 77248]]

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 of the notification. 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 landings estimates for the Florida private angling 
mode with landings estimates produced by the Florida Fish and Wildlife 
Conservation 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 federally permitted 
charter vessel and shore modes, and Southeast Region Headboat Survey 
(SRHS) data for federally permitted headboats. The results of the SRFS 
Run was 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 the 
SRFS program's collection protocol has been certified by the NMFS 
Office of Science and Technology as scientifically rigorous. NMFS 
worked in conjunction with the State of Florida to develop a 
calibration model to rescale historic effort estimates so that they 
could be compared to new estimates from SRFS. This calibration model 
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 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 overfishing by reducing 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 
agreed and 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 decision to 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 recommended in 
Amendment 56 and this proposed rule.
    Based on the results of the SEDAR 72 SRFS Run and SSC 
recommendations, the Council recommended the following changes for gag 
through Amendment 56:
    <bullet> Revise the maximum sustainable yield (MSY) proxy, OY, and 
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 that rebuilding plan;
    <bullet> Revise the commercial-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> Revise the Federal recreational fishing season.
    The current MSY proxy is based on the yield associated with a 
fishing mortality rate (F) associated with the maximum yield per 
recruit (F<INF>MAX</INF>). The SSC recommended a more conservative MSY 
proxy using the yield associated with F that would result in a spawning 
stock biomass (SSB) of 40 percent spawning potential ratio (SPR), where 
SPR is the ratio of the SSB to its unfished state. This revised MSY 
proxy would be used to specify the long-term OY and SDC, and informs 
the catch level projections produced by the SEDAR 72 SRFS Run.
    For gag, the sector allocations of the stock ACL impact 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, higher number of 
dead discards is not due to any change in how the recreational sector 
operates in the fishery but occurs because the SEDAR 72 SRFS Run data 
estimated greater fishing effort, and consequently a greater number of 
fish being caught, which included discards and the associated mortality 
from discarding fish.
    In Amendment 56, the Council considered two allocation 
alternatives: (1) maintaining the current allocation of 39 percent 
commercial and 61 percent recreational, which was based on MRFSS data 
from 1986 through 2005, and (2) updating historical recreational 
landings using 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 alternative

[[Page 77249]]

would best represent the historic landings for each sector while 
accounting for the change from MRFSS data to SRFS data. Based on the 
results of the SEDAR 72 SRFS Run and using the proposed allocation of 
35 percent commercial and 65 percent recreational, the Council 
recommended OFLs and ABCs for gag during 2024-2028, and also 
recommended the stock ACL be set equal to the ABC.

Management Measures Contained in This Proposed Rule

    If implemented by NMFS, this proposed rule would modify the gag 
stock and sector ACLs, sector ACTs, commercial quota, recreational AMs, 
and recreational fishing season.

Annual Catch Limits and Annual Catch Targets

    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. The 
2023 temporary rule reduced these catch limits consistent with the 
Council's request. Therefore, the current commercial ACL and commercial 
quota 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 and this proposed rule 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 for 
2024. These catch limits are based on the results of the SEDAR 72 SRFS 
Run, which included recreational landings estimates generated using 
SRFS. 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.
    Amendment 56 and this proposed rule would set catch levels from 
2024 through 2028, which increase during the time series. The 2028 
catch levels would continue after 2028 unless modified by subsequent 
rulemaking. All of the catch levels were rounded down to the nearest 
thousand pounds. Therefore, the sum of the sector ACLs does not equal 
the stock ACL.
    Based on the Council's recommendation, this proposed rule would 
modify the commercial quota such that it would be set equal to the 
commercial 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, 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 and this 
proposed rule 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 ACL 
and ACT. Instead, the Council decided to double that buffer to increase 
the probability of rebuilding gag by accounting for uncertainty in 
managing the recreational harvest and further reducing fishing 
mortality and discards that result from directed harvest. Thus, this 
proposed rule would implement a recreational ACT that is approximately 
20 percent below the recreational ACL. Table 1 shows the catch levels 
recommended in Amendment 56, and except for the stock ACL, these catch 
levels are included in the proposed regulatory text at the end of this 
rule. Values proposed for 2028 would continue in subsequent fishing 
years unless modified through a subsequent rulemaking.

                                                                       Table 1--Proposed Stock ACL and Sector Catch Levels
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                                                                                                                                                   Com ACT & Quota lb
                                Year                                    Stock ACL lb  (kg)        Com ACL lb  (kg)         Rec ACL lb  (kg)               (kg)               Rec ACT lb  (kg)
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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)
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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

    Currently for the recreational sector, the 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 and this 
proposed rule would change the AMs to require that NMFS prohibit 
harvest when the recreational ACT is projected to be met regardless of 
whether there

[[Page 77250]]

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.
    This proposed rule 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 (74 FR 17603, April 16, 2009). 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 in the Federal 
Register closing the recreational harvest of gag effective on October 
19, 2023 (88 FR 68495).
    This proposed rule would modify the recreational fishing season for 
gag so the season would begin each year on September 1. Unlike the 
season implemented by the temporary rule, Amendment 56 and this 
proposed rule would not establish a predetermined season closure date. 
Consistent with the proposed changes to the AMs, NMFS would 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 harvest 
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.

Management Measures in Amendment 56 That Would Not Be Codified by This 
Proposed Rule

    In addition to the measures that would be codified through this 
proposed rule, Amendment 56 would revise the MSY proxy, OY, and SDC for 
gag. Amendment 56 would also revise the gag OFL, ABC, and sector 
allocations.

Maximum Sustainable Yield, Optimum Yield, and Status Determination 
Criteria

    Based on the results of SEDAR 72, Amendment 56 would revise MSY 
proxy, OY, as well as the SDC used to determine whether overfishing is 
occurring or the stock is overfished. The proxy for MSY would be 
defined as the yield when fishing at 
F<INF>40</INF><not-eq><INF>SPR</INF>, where SPR is the ratio of SSB 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 F<INF>MAX</INF>, and 
the MFMT is F<INF>MAX</INF>. The MSST is defined as 50 percent of the 
biomass at F<INF>MAX</INF>. The OY is defined as 75 percent of the 
yield at F<INF>MAX</INF>. The proposed changes to the MSY, OY, and SDC 
represent a more conservative approach to management of 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 and Modification of OFL, ABC, and Sector 
Allocations

    Amendment 56 would establish a rebuilding plan and set the 
rebuilding time for Gulf gag at 18 years, which is 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>). 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 removed this alternative from further 
consideration (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.
    Consistent with the rebuilding time recommended by the Council, 
Amendment 56 would revise the OFL and ABC, and set the stock ACL equal 
to the ABC. In addition, Amendment 56 would revise the sector 
allocations from 39 percent commercial and 61 percent recreational to 
35 percent commercial and 65 percent recreational, and revise the 
sector ACLs consistent with the revised allocations as discussed 
earlier in this proposed rule. 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 2. 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. Values in 
2028 would continue for subsequent fishing years unless modified 
through another action by the Council or NMFS.

                               Table 2--Current and Proposed OFLs and ABCs for Gag
----------------------------------------------------------------------------------------------------------------
                             Year                                  OFL in pounds (kg)       ABC in pounds (kg)
----------------------------------------------------------------------------------------------------------------
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)

[[Page 77251]]

 
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. The ABC values also equal the current and proposed
  stock ACL values for gag.

Proposed Administrative Change to Codified Text Not in Amendment 56

    NMFS also proposes to clarify the regulations at 50 CFR 622.8(c). 
These regulations allow NMFS to re-open harvest for a stock in the same 
fishing year if data indicate that a quota or ACL was not reached as 
previously projected. Several stocks have ACTs that are also codified 
as quotas. However, some ACTs, such as the recreational ACT for gag, do 
not have corresponding quotas, and therefore may not appear to be 
included in the current authority to re-open. NMFS proposes to modify 
the regulations in section 622.8(c) to provide a more general reference 
to allowable harvest levels. This would be consistent with the 
framework procedures in the relevant Gulf and South Atlantic fishery 
management plans that allow NMFS to re-open harvest if additional data 
shows that NMFS closed the season prematurely.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 56, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed 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 
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 rule.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) for 
this proposed rule, as required by section 603 of the Regulatory 
Flexibility Act, 5 U.S.C. 603. The IRFA describes the economic impact 
this proposed rule, if adopted, would have on small entities. A 
description of this proposed rule, why it is being considered, and the 
purposes of this proposed rule are contained in the SUMMARY and 
SUPPLEMENTARY INFORMATION sections of the preamble. A copy of the full 
analysis is available from NMFS (see the ADDRESSES section of this 
proposed rule). A summary of the IRFA follows.
    The objective of this proposed rule is to use the best scientific 
information available to end overfishing of gag and rebuild the stock 
to a level commensurate with MSY, consistent with the authority under 
the Magnuson-Stevens Act. All monetary estimates in the following 
analysis are in 2021 dollars.
    Amendment 56 would revise the MSY, OY, and SDC for gag based on the 
results of the updated SEDAR 72 SRFS Run as reviewed by the Council's 
SSC. The definition of MSY would change from F<INF>MAX</INF> to the 
yield when fishing at F<INF>40</INF><not-eq><INF>SPR</INF>. The 
definition of MFMT would change from being equal to F<INF>MAX</INF> to 
being equal to the fishing mortality at the F<INF>MSY</INF> proxy 
(e.g., F<INF>40</INF><not-eq><INF>SPR</INF>). The definition of MSST 
would change from 50 percent of B<INF>MAX</INF> to 50 percent of the 
biomass at MSY or its proxy. OY is currently defined as 75 percent of 
the yield at F<INF>MAX</INF>. The proposed definition of OY would be 
conditional on whether a rebuilding plan is in place. Specifically, if 
the stock is under a rebuilding plan, OY would be equal to the stock 
ACL. However, if the stock is not under a rebuilding plan, OY would be 
equal to 90 percent of MSY or its proxy.
    Amendment 56 would also revise the sector allocation of the stock 
ACL from 39 percent commercial and 61 percent recreational to 
approximately 35 percent commercial and 65 percent recreational. 
Amendment 56 would also establish a rebuilding plan based on the amount 
of time the stock is expected to take to rebuild based on the yield 
when fishing at 75 percent of F<INF>40</INF><not-eq><INF>SPR</INF>, 
which is equal to 18 years. In turn, the proposed rebuilding plan in 
combination with the proposed sector allocation would change the OFL, 
ABC, stock ACL, commercial ACL, and the recreational ACL. Based on the 
current allocation of the stock ACL between sectors, the OFL, ABC, 
stock ACL, commercial ACL, recreational ACL, and commercial quota, and 
recreational ACT would be 4.180 million lb (1.896 million kg), 3.120 
million lb (1.415 million kg), 3.120 million lb (1.415 million kg), 
1.217 million lb (0.552 million kg), 1.903 million lb (0.863 million 
kg), and 0.939 million lb (0.426 million kg), and 1.708 million lb 
(0.775 million kg), respectively, in 2024 and future years if no action 
is taken. The recreational portion of the OFL, ABC, stock ACL, the 
recreational ACL, and the recreational ACT are based on MRIP-CHTS data. 
Under the proposed sector allocation and rebuilding plan, the OFL, ABC, 
stock ACL, recreational ACL, commercial ACL, recreational ACT, and 
commercial quota would be reduced in 2024 and subsequently increase 
through 2028 as indicated in Tables 1 and 2. The recreational portion 
of the revised OFL, ABC, stock ACL, the recreational ACL, and the 
recreational ACT are based on recreational landings estimates used in 
the SEDAR 72 SRFS Run. Therefore, the different stock ACLs and 
recreational ACLs and ACTs not directly comparable.
    This proposed rule would also revise the buffer between the 
recreational ACL and ACT, which is currently 10.25 percent (i.e., the 
recreational ACT is 89.75 percent of the recreational ACL). Under the 
proposed rule, the buffer between the recreational ACL and ACT would be 
approximately 20 percent (i.e., the recreational ACT would be 
approximately 80 percent of the recreational ACL).
    In addition, this proposed rule would also modify the buffer the 
between the commercial ACL and quota, and set the quota equal to the 
ACT. The commercial quota is currently set at approximately 77 percent 
of the commercial ACL. The commercial ACT is not codified. This 
proposed rule would set the commercial ACT equal to approximately 95 
percent of the commercial ACL and set commercial quota equal to the 
commercial ACT. Thus, the commercial quota would be approximately 95 
percent of the commercial ACL.
    Finally, this proposed rule would change the recreational season 
start date and modify the recreational AMs for gag. Specifically, the 
recreational season start date would change from June 1 to September 1 
each year. The current AM requires NMFS to prohibit harvest when the 
recreational ACL is projected to be met, whereas this proposed rule 
would require NMFS to prohibit harvest when the recreational ACT is 
projected to be met. The current AM also requires

[[Page 77252]]

NMFS to maintain the recreational ACT for the following fishing year at 
the level of the prior year's ACT unless the best scientific 
information available determines that maintaining the prior year's ACT 
is unnecessary. This provision would be removed under the proposed 
rule. Given these individual actions, this proposed rule is expected to 
regulate commercial fishing businesses that possess gag shares in the 
GT-IFQ program and for-hire fishing businesses (charter vessels and 
headboats) 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, there were 536 IFQ accounts, of which 506 IFQ accounts held 
gag shares. These accounts and gag shares were owned by 455 businesses. 
Thus, it is assumed this proposed 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 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 
(i.e., 1,227 vessels are 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 rule. 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 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 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 
2017 through 2021, the maximum annual gross revenue earned by a single 
commercial fishing vessel during this time was about $3.25 million. 
Based on this information, all commercial fishing businesses regulated 
by this proposed 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 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 
rule are determined to be small businesses for the purpose of this 
analysis.
    If implemented, NMFS expects this proposed 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 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 rule to 
affect a substantial number of small entities.
    Because NMFS does not collect revenue and cost data for the 
commercial fishing businesses that are expected to be regulated by this 
proposed 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

[[Page 77253]]

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 to 2021 was 
approximately 52 percent. Given these quota utilization rates in 
combination with average annual allocation prices from 2017 to 2021 and 
annual commercial quotas in 2021, NMFS estimates that the total 
expected economic profits for businesses with gag shares are 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, NMFS expects the average annual economic profit per 
commercial fishing business is at least $64,620.
    Most of these economic profits (84 percent) are the result of 
owning red snapper shares. Only approximately $502,930 (or 1.7 percent) 
of the expected economic profits is due to the ownership of gag shares. 
This proposed rule is only expected to affect economic profits from the 
ownership of gag shares. Specifically, the proposed action to change 
the sector allocation of the stock ACL and implement a rebuilding plan, 
which would change the stock ACL, would reduce the commercial ACL and 
commercial quota from their current values of 1.217 million lb and 
939,000 lb, respectively. The average commercial ACL and commercial 
quota from 2024 through 2028 would be 275,000 lb and 212,000 lb, 
respectively, under the proposed action.
    However, average annual commercial landings of gag from 2017 to 
2021 were only 492,401 lb, noticeably below the commercial quota. 
Because average annual landings exceed the proposed commercial quotas 
through 2028, it is assumed all of the proposed commercial quota will 
be harvested in each year through 2028, and the expected average 
reduction in annual commercial landings will be 280,401 lb. Initially, 
NMFS expects the reduction in commercial landings to increase the 
average ex-vessel price of gag from $6.10 per lb to $7.78 per lb, or by 
$1.68 per lb, in 2024. However, NMFS expects the increase in ex-vessel 
price to gradually decrease through 2028 as the quota and landings 
increase, with an ex-vessel price of $6.96 in 2028. The increase in the 
ex-vessel price would partially offset the adverse effects of the 
landings reduction. Based the above information, NMFS expects a 
reduction in annual ex-vessel revenue for gag on average of 
approximately $1.57 million or about $3,451 on average per commercial 
fishing business. Given an average annual allocation price of $1.03 per 
lb for gag from 2017 to 2021, NMFS expects the reduction in commercial 
landings of gag to reduce economic profits to these commercial fishing 
businesses by about $288,813, or by approximately $635 per commercial 
fishing business. Thus, NMFS expects economic profits to be reduced by 
around 1 percent on average per commercial fishing business as a result 
of the proposed action to change the sector allocation and implement a 
rebuilding plan that reduces the stock ACL.
    The proposed action that would set the commercial ACT equal to 95 
percent of the commercial ACL and set commercial quota equal to the 
commercial ACT would cause the commercial quota to be equal to 95 
percent of the commercial ACL as opposed to approximately 77 percent of 
the commercial ACL as is presently the case. As such, this action is 
expected to increase the commercial quota relative to what it would be 
otherwise. The increase would still yield commercial quotas below the 
recent average commercial landings and thus NMFS assumes all of the 
expected increase in the quota will be harvested.
    Specifically, NMFS expects the average annual increase in the 
commercial quota and landings from 2024 through 2028 to be about 48,527 
lb, which would increase average annual revenue by $267,371, or by 
about $588 per commercial fishing business. Again, assuming an average 
annual allocation price of $1.03 per lb, NMFS expects average increase 
in economic profit to commercial fishing businesses per year is 
$49,983, or about $110 per commercial fishing business.
    Combining these expected increases in revenue and profits with the 
decreases discussed earlier, NMFS expects this proposed rule to 
decrease average revenue for commercial fishing businesses by about 
$1.31 million per year from 2024 through 2028, or by $2,868 per 
commercial fishing business. The total reduction in economic profit for 
commercial fishing businesses is expected to be $238,830, or $525 per 
commercial fishing business, which represents a decrease of about 0.8 
percent.
    According to the most recent estimates of economic returns in the 
for-hire sector, average annual economic profits are $27,948 per 
charter vessel. The proposed rule to change the sector allocation and 
implement a rebuilding plan, which would change the stock ACL, would 
change the gag recreational ACL from its current value of 1.903 million 
lb (863,186 kg). Specifically, the average recreational ACL for gag 
would be 510,000 lb from 2024 through 2028 under the proposed action. 
As explained previously, these ACLs are not directly comparable because 
they are based, in part, on recreational landings estimates derived 
from different surveys (MRIP-FES and SRFS). However, average 
recreational landings from 2017 to 2021 were approximately 1.265 
million lb (573,884 kg). Given that average recreational landings have 
been considerably greater than the proposed recreational ACT, all of 
the proposed recreational ACT is expected to be harvested in the 
future. NMFS expects the reduction in the recreational ACT to reduce 
the recreational season length from 214 days to 25 days in 2024. 
However, the season length is expected to steadily increase to 120 days 
by 2028 and the average season length from 2024 to 2028 is expected to 
be 64 days. The reduction in the season length would reduce the number 
of angler trips targeting gag on charter vessels. From 2024 through 
2028, the average reduction in angler trips targeting gag on charter 
vessels is expected to be 20,976 trips per year. Net Cash Flow per 
Angler Trip (CFpA) is the best available estimate of profit per angler 
trip by charter vessels. According to a recent study (available from 
NMFS see ADDRESSES), CFpA on charter vessels is estimated to be $150 
per angler trip. Thus, NMFS estimates a reduction in charter vessel 
profits from this action of $3.146 million per year, which results in a 
reduction in charter vessels' profits per vessel to be $5,960 per year, 
or about 21.3 percent on average per for-hire fishing business.
    In combination with the proposed action to require NMFS to close 
the recreational season based on when the recreational ACT is projected 
to be met, rather than the recreational ACL, the proposed action to 
increase the buffer between the recreational ACL and recreational ACT 
from 10.25 to 20 percent would be expected to reduce the recreational 
season length further from the proposed action to change the sector

[[Page 77254]]

allocation and implement a rebuilding plan. Specifically, the season 
length is expected to be further reduced by 2 days in 2024 (open for 23 
days instead of 25), but this reduction is expected to gradually 
increase to 24 days by 2028 (open for 96 days instead of 120). The 
average additional reduction in the recreational season length is 
expected to be 12 days (open for 52 days instead of 64). Again, a 
reduction in the season length is expected to reduce the number of 
angler trips targeting gag on charter vessels. From 2024 through 2028, 
the average reduction in angler trips targeting gag on charter vessels 
is expected to be 2,125 trips per year. Based on an estimate of $150 in 
economic profit per angler trip, NMFS estimates a reduction in charter 
vessel profits from this action of $318,690 per year, and a reduction 
in the annual charter vessels' profits of $604 per vessel, or about 2.2 
percent on average per for-hire fishing business.
    The proposed action that would change the recreational season start 
date from June 1 to September 1 is expected to increase the 
recreational season length from 23 days to 59 days in 2024, and from 52 
to 81 days on average from 2024 to 2028. However, because there are 
many fewer charter trips targeting gag in the fall months (September 
through December) compared to the summer months (June through August), 
this proposed action is expected to further decrease the number of 
angler trips targeting gag on charter vessels. Although the reduction 
in trips from 2024 through 2028 varies slightly from year to year, the 
average reduction per year is 1,610 trips. Based on an estimate of $150 
in economic profit per angler trip, NMFS expects this proposed action 
to decrease economic profits for charter vessels by about $241,500 per 
year, or by $456 per charter vessel. This would result in a decrease 
economic profits by around 1.6 percent on average per for-hire fishing 
business.
    Based on the above, NMFS expects the total reduction in target 
trips by charter vessels per year as a result of this proposed rule to 
be 24,711 trips. NMFS expects this reduction in trips to result in a 
total reduction in economic profits for charter vessels per year to be 
about $3.707 million, or approximately $7,020 per charter vessel. Thus, 
annual economic profits are expected to be reduced by approximately 
25.1 percent on average per for-hire fishing business.
    Six alternatives, including the status quo, were considered for the 
proposed actions to change the sector allocation of the stock ACL to 35 
percent to the commercial sector and 65 percent to the recreational 
sector, establish a rebuilding plan of 18 years based on the amount of 
time the stock is expected to take to rebuild if fished at the yield 
from fishing at 75 percent of F<INF>40</INF><not-eq><INF>SPR</INF>, and 
change the catch levels for 2024 through 2028 as specified in Table 1. 
The status quo alternative would have retained the current sector 
allocation of the stock ACL of 39 percent to the commercial sector and 
61 percent to the recreational sector based on MRIP-CHTS recreational 
landings data. The status quo alternative would not have established a 
rebuilding plan or modified any of the catch limits based on MRIP-FES 
and SRFS landings estimates. This alternative was not selected because 
the sector allocation would have been based in part on MRFSS 
recreational landings estimates, which is no longer consistent with the 
best scientific information available and would result in a de facto 
reallocation to the commercial sector of approximately 4 percent, which 
the Council did not consider to be equitable. This alternative also 
would not have rebuilt the gag stock or ended overfishing as required 
by the Magnuson-Stevens Act.
    A second alternative would have also retained the current sector 
allocation of the stock ACL of 39 percent to the commercial sector and 
61 percent to the recreational sector, but would have established a 
rebuilding plan of 11 years assuming a fishing mortality rate of zero. 
This alternative would have revised the OFL based on the projections 
from the SEDAR 72 SRFS Run and would have set all of the other catch 
levels through 2028 at zero. However, as with the status quo 
alternative, the sector allocation would have been based in part on 
MRFSS recreational landings data. Further, prohibiting harvest of gag 
would not be expected to eliminate all fishing mortality, as some gag 
would still be expected to be discarded and die as fishermen continue 
fishing for other species that live in similar habitats as gag. This 
alternative was not selected because, as discussed above, MRFSS is not 
consistent with the best scientific information available, and would 
result in a de facto reallocation from the recreational to the 
commercial sector of approximately 4 percent, which the Council did not 
considerable to be equitable. Further, because it is not feasible to 
eliminate dead discards of gag when fishermen are targeting other 
species, it is unlikely the stock would actually be rebuilt in 11 
years. This alternative would have also resulted in significantly 
larger adverse economic effects on commercial and for-hire fishing 
businesses compared to the proposed action.
    A third alternative would have also retained the current sector 
allocation of the stock ACL of 39 percent to the commercial sector and 
61 percent to the recreational sector. But, like the proposed action, 
the third alternative would have established a rebuilding plan of 18 
years and changed the catch levels based on the projections from the 
SEDAR 72 SRFS Run. This alternative would have ended overfishing and 
rebuilt the stock in 18 years. But, as with the status quo and the 
second alternative, the sector allocation of the stock ACL would be 
based on MRFSS recreational landings data. Thus, this alternative was 
not selected because MRFSS is not the best scientific information 
available, and would result in a de facto reallocation from the 
recreational sector to the commercial sector of approximately 4 
percent.
    A fourth alternative would have also retained the current sector 
allocation of the stock ACL of 39 percent to the commercial sector and 
61 percent to the recreational sector, but would have established a 
rebuilding plan of 22 years and changed the catch limits based on the 
projections from the SEDAR 72 SRFS Run. This alternative would have 
ended overfishing and rebuilt the stock while allowing greater harvest 
and resulting in smaller adverse economic effects on commercial and 
for-hire fishing businesses compared to the proposed action. However, 
it was not selected because the stock is expected to take 4 more years 
to rebuild compared to the proposed action, and the Magnuson-Stevens 
Act requires overfished stocks to be rebuilt in as short a time period 
as possible, taking into account various factors. This alternative was 
also not selected because the use of MRFSS recreational landings data 
is not consistent with the best scientific information available, and 
would result in a de facto reallocation to the commercial sector of 
approximately 4 percent.
    Like the proposed action, a fifth alternative would have changed 
the sector allocation of the stock ACL to 35 percent to the commercial 
sector and 65 percent to the recreational sector based in part on 
recreational landings estimates from MRIP-FES, SRHS, and SRFS for 1986-
2005. As with the second alternative, the fifth alternative would have 
also established a rebuilding plan of 11 years assuming a fishing 
mortality rate of zero and used SEDAR 72 SRFS Run projections to change 
the OFL. The other catch limits would have been set at zero. As 
discussed earlier, prohibiting harvest of

[[Page 77255]]

gag would not be expected to eliminate all fishing mortality, as some 
gag would still be expected to be discarded and die as fishermen 
continue fishing for other species that live in similar habitats as 
gag. This alternative was not selected because it is not feasible to 
eliminate dead discards of gag when fishermen are targeting other 
species, and therefore it is unlikely the stock would rebuild in 11 
years. This alternative would have also resulted in significantly 
larger adverse economic effects on commercial and for-hire fishing 
businesses compared to the proposed action.
    Like the proposed action, a sixth alternative would have changed 
the sector allocation of the stock ACL to 35 percent to the commercial 
sector and 65 percent to the recreational sector based in part on 
recreational landings estimates from MRIP-FES, SRHS, and SRFS data for 
1986-2005. However, this alternative would have also established a 
rebuilding plan of 22 years. This alternative would be based on the 
best scientific information available, end overfishing, and rebuild the 
stock. This alternative would have also resulted in higher catch limits 
and therefore resulted in small adverse economic effects on commercial 
and for-hire fishing businesses compared to the proposed action. 
However, this alternative was not selected because it is expected to 
take 4 more years to rebuild compared to the proposed action, and the 
Magnuson-Stevens Act requires overfished stocks to be rebuilt in as 
short a time as possible, taking into account various factors.
    Two alternatives, including the status quo, were considered for the 
proposed action to increase the buffer between the recreational ACL and 
recreational ACT from 10.25 to 20 percent. The status quo alternative 
would have maintained the buffer between the recreational ACL and 
recreational ACT at 10.25 percent based the yield at 75 percent of 
F<INF>MAX</INF>. However, as explained previously, use of 
F<INF>MAX</INF> as a proxy for F<INF>MSY</INF> is not consistent with 
the best scientific information available.
    The second alternative would have revised the recreational ACT 
using the Council's ACL/ACT Control Rule based on recreational landings 
data from 2018 through 2021. This alternative would have resulted in a 
10 percent buffer between the recreational ACL and ACT, which would 
have left the buffer essentially unchanged. This alternative was not 
selected because the Council concluded it was necessary to increase the 
buffer between the ACL and ACT to reduce the probability of the 
recreational sector exceeding its ACL, reduce the likelihood of 
overfishing, and reduce the level of discards associated with directed 
harvest, which together are expected to increase the probability of 
meeting the 18-year timeline for rebuilding the gag stock.
    Two alternatives, including the status quo, were considered for the 
proposed action to set the commercial ACT equal to 95 percent of the 
commercial ACL and set commercial quota equal to the commercial ACT. 
The status quo alternative would have maintained commercial ACT, which 
is based on the yield at 75 percent of F<INF>MAX</INF>, and a 
commercial quota set at 86 percent of the commercial ACT. This 
alternative was not selected because it is based on F<INF>MAX</INF>, 
which is no longer consistent with the best scientific information 
available.
    The second alternative would have set the commercial ACT equal to 
86 percent of the commercial ACL and, like the proposed action, set the 
commercial quota equal to the commercial ACT. This alternative was not 
selected because the Council determined that a 14 percent buffer 
between the commercial ACL and ACT is too high and unnecessarily limits 
commercial harvest due to reduced uncertainty in the estimates of 
commercial landings and discards.
    Three alternatives, including the status quo, were considered for 
the proposed action to change the recreational season start date from 
June 1 to September 1 and require NMFS to close the recreational season 
based on when the recreational ACT is projected to be met rather than 
the recreational ACL. The status quo alternative would have maintained 
the recreational season start date of June 1 and required NMFS to close 
the recreational season based on when the recreational ACL is projected 
to be met. This alternative was not selected mainly because it would 
have resulted in a shorter average recreational season length (75 days) 
compared to the proposed action (81 days) for 2024 through 2028. In 
general, a longer fishing season would result in more fishing 
opportunities for both the private and for-hire components of the 
recreational sector. Further, shifting fishing effort to a historically 
low-effort month (September) may reduce the overall magnitude of 
recreational discards compared to starting the season in June. Shifting 
fishing pressure to the fall would also be expected to reduce directed 
effort for gag in deeper waters, which may further reduce the 
probability of harvesting or discarding dead male gag.
    The second alternative would have retained the June 1 start date 
for the recreational season. But, like the proposed action, this 
alternative would have required NMFS to close the recreational season 
based on when the recreational ACT is projected to be met. This 
alternative was not selected mainly because it would have resulted in a 
shorter average recreational season length (52 days) compared to the 
proposed action (81 days) for 2024 through 2028. In general, a longer 
fishing season would result in more fishing opportunities for both the 
private recreational and for-hire components of the fishery. Further, 
shifting fishing effort to a historically low-effort month (September) 
may reduce the overall magnitude of recreational discards compared to 
starting the season in June. Shifting fishing pressure to the fall 
would be expected to reduce directed effort for gag in deeper waters, 
which may further reduce the probability of harvesting or discarding 
dead male gag.
    The third alternative would have changed the recreational season 
start date to October 1. But, like the proposed action, this 
alternative would have required NMFS to close the recreational season 
based on when the recreational ACT is projected to be met. This 
alternative was not selected because it would have resulted in a 
shorter average recreational season length (63 days) compared to the 
proposed action (81 days) for 2024 through 2028 and would have also 
resulted in greater adverse effects to for-hire fishing businesses. In 
general, a longer fishing season would be expected to result in more 
fishing opportunities for both the private and for-hire components of 
the recreational sector.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gag, Gulf of Mexico.


    Dated: November 1, 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.


[[Page 77256]]


0
2. In Sec.  622.8, revise paragraph (c) to read as follows:


Sec.  622.8  Quotas--general.

* * * * *
    (c) Reopening. When a species, species group, sector, or sector 
component has been closed based on a projection of the applicable catch 
limit (ACL, ACT, or quota) specified in this part being reached and 
subsequent data indicate that the catch limit was not reached, the 
Assistant Administrator may file a notification with the Office of the 
Federal Register. Such notification may reopen the species, species 
group, sector, or sector component to provide an opportunity for the 
catch limit to be harvested.
0
3. In Sec.  622.34, revise paragraph (e) to read as follows:


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

* * * * *
    (e) 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. During the closure, the bag and possession 
limits for gag in or from the Gulf EEZ are zero.
* * * * *
0
4. In Sec.  622.39, revise paragraph (a)(1)(iii)(B) to read as follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (iii) * * *
    (B) Gag. See Table 1.

                   Table 1 to Paragraph (a)(1)(iii)(B)
------------------------------------------------------------------------
                                                  Commercial quota in lb
                      Year                                 (kg)
------------------------------------------------------------------------
2024...........................................         147,000 (66,678)
2025...........................................         204,000 (92,533)
2026...........................................        255,000 (115,666)
2027...........................................        313,000 (141,974)
2028...........................................        383,000 (173,726)
------------------------------------------------------------------------

* * * * *
0
5. In Sec.  622.41, revise paragraph (d) to read as follows:


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

* * * * *
    (d) Gag--(1) Commercial sector. See Table 1 for the commercial ACLs 
in gutted weight. The commercial ACT for gag is equal to the applicable 
commercial quota specified in Sec.  622.39(a)(1)(iii)(B). The IFQ 
program for groupers and tilefishes in the Gulf of Mexico in Sec.  
622.22 serves as the accountability measure for the commercial harvest 
of gag.

                       Table 1 to Paragraph (d)(1)
------------------------------------------------------------------------
                                                   Commercial ACL in lb
                      Year                                 (kg)
------------------------------------------------------------------------
2024...........................................         155,000 (70,307)
2025...........................................         215,000 (97,522)
2026...........................................        269,000 (122,016)
2027...........................................        330,000 (149,685)
2028...........................................        404,000 (183,251)
------------------------------------------------------------------------

    (2) Recreational sector.
    (i) See Table 1 for the recreational ACLs and ACTs in gutted 
weight.

                                         Table 1 to Paragraph (d)(2)(i)
----------------------------------------------------------------------------------------------------------------
                                                                 Recreational ACL in lb   Recreational ACT in lb
                             Year                                         (kg)                     (kg)
----------------------------------------------------------------------------------------------------------------
2024..........................................................        288,000 (130,635)        230,000 (104,326)
2025..........................................................        399,000 (180,983)        319,000 (144,696)
2026..........................................................        499,000 (226,343)        399,000 (180,983)
2027..........................................................        613,000 (278,052)        490,000 (222,260)
2028..........................................................        751,000 (340,648)        600,000 (272,155)
----------------------------------------------------------------------------------------------------------------

    (ii) If the NMFS SRD estimates that gag recreational landings have 
reached or are projected to reach the applicable recreational ACT 
specified in paragraph (d)(2)(i) of this section, the AA will file a 
notification with the Office of the Federal Register to close the 
recreational sector for the remainder of the fishing year. On and after 
the effective date of such a notification, the bag and possession 
limits for gag in or from the Gulf EEZ are zero. These bag and 
possession limits apply in the Gulf on board a vessel for which a valid 
Federal charter vessel/headboat permit for Gulf reef fish has been 
issued without regard to where such species were harvested, i.e., in 
state or Federal waters.
    (iii) In addition to the measures specified in paragraph (d)(2)(ii) 
of this section, if the NMFS SRD estimates that gag recreational 
landings have exceeded the applicable ACL specified in paragraph 
(d)(2)(i) of this section and gag is overfished based on the most 
recent Status of U.S. Fisheries Report to Congress, the following 
measure will apply. The AA will file a notification with the Office of 
the Federal Register, at or near the beginning of the following fishing 
year, to reduce the ACL for that following year by the amount of the 
ACL overage in the prior fishing year, unless the best scientific 
information available determines that a greater, lesser, or no overage 
adjustment is necessary.
* * * * *
[FR Doc. 2023-24539 Filed 11-8-23; 8:45 am]
BILLING CODE 3510-22-P


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