77246 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules 

1. Change the Current Hunting Season 

on St. Paul Island 

On November 2, 2022, ACSPI 

requested in a letter to NMFS that 

representatives from NMFS and ACSPI 

investigate the feasibility of changing 

the duration of the hunting season on 

St. Paul Island. Subsequent discussions 

by the St. Paul Island Marine Mammal 

Co-Management Council (which 

includes both NMFS and ACSPI 

representatives) identified regulatory 

changes to create greater food security 

and subsistence use opportunities on St. 

Paul Island. 

Current regulations at 50 CFR 

216.72(e)(1) allow subsistence hunting 

of northern fur seals with firearms from 

January 1 through May 31, annually. 

ACSPI requests NMFS modify 

regulations to allow the annual hunting 

season with firearms to begin October 

15 and end consistent with the 

provisions at 50 CFR 216.72(g)(1)(i). 

This would result in a northern fur seal 

hunting season with firearms on St. Paul 

Island from October 15 through May 31, 

or when the overall quota for a calendar 

year is reached (2,000 juvenile male fur 

seals). ACSPI did not request any 

change to the overall quota of 2,000 

juvenile northern fur seal males or the 

female mortality limit of 20 northern fur 

seals. Therefore, NMFS is not 

considering any changes to the quota or 

female mortality limit at this time. 

2. Create a Hunting Season on St. 

George Island 

Current regulations at 50 CFR 

216.72(d) do not allow subsistence use 

of northern fur seals with firearms on St. 

George Island. The regulatory changes 

in 2014 (79 FR 65327, November 4, 

2014) and 2019 (84 FR 52372, October 

2, 2019) did not contemplate a hunting 

season to use firearms to take fur seals 

for subsistence on St. George Island. 

The TCSGI submitted a letter to 

NMFS on June 8, 2023, requesting 

equitable subsistence hunting 

opportunities for the community of St. 

George by creating a hunting season 

using firearms annually from October 15 

to May 31, similar to that proposed on 

St. Paul Island. The letter requested no 

change to the overall quota of 500 

juvenile males, 150 male pups, or the 

female mortality limit of 3 northern fur 

seals. Therefore, NMFS is not 

considering any changes to the quota or 

female mortality limit at this time. 

3. Create a Hunting Season and 

Associated Upper Take Limit in the 

Aleutian Islands in Alaska 

On May 1, 2023, AMMC submitted a 

letter to NMFS outlining their interest in 

resuming their traditional subsistence 

practices of taking fur seals. Harvesting 

fur seals on land in the Aleutian Islands 

is not practical, as the only breeding 

location is the uninhabited Bogoslof 

Island. However, northern fur seals 

migrate through the AMMC region (i.e., 

the Aleutian Islands and Alaska 

Peninsula), which if authorized for 

subsistence use, could provide an 

additional subsistence resource for 

AMMC member communities. The 2019 

Alaska Marine Mammal Stock 

Assessment Report (SAR) indicates 

declining availability of harbor seals 

over the past decade in the Aleutian 

Islands (Muto et al., 2020). The 2019 

SAR for the Western Distinct Population 

Segment (DPS) of Steller sea lion, which 

includes most sea lions in the Aleutian 

Islands where hunting may occur, also 

notes historically low abundance and 

availability in this region (some Eastern 

DPS animals may occur in the area, but 

it is unclear to what extent) (Jemison et 

al., 2013; Jemison et al., 2018; Muto et 

al., 2020). Both harbor seals and Steller 

sea lions are important subsistence 

resources in the Aleutian region, and 

hunting of northern fur seals for 

subsistence would improve food 

security for AMMC member tribes. The 

AMMC letter requests a revision of the 

regulations at 50 CFR 216.72(b) to allow 

a total take of 100 non-breeding male fur 

seals by hunting with firearms from 

November 1 through April 30 in the 

AMMC region from their 11 member 

tribes in the communities of Atka, 

Belkofski, Akutan, False Pass, 

Agdaagux, Nelson Lagoon, Nikolski, 

Pauloff Harbor, Qagan Tayagungin, 

Unalaska, and Unga. 

Request for Information 

The Assistant Administrator for 

Fisheries, has determined that the 

petition contains enough information to 

enable NMFS to consider the substance 

of the petition. NMFS solicits public 

comment on these three related requests 

to modify regulations that govern the 

taking of fur seals for subsistence 

purposes by Alaska Native residents of 

the Pribilof and Aleutian Islands. NMFS 

is particularly interested in information 

that would allow an evaluation of the 

effects these potential changes may have 

on food security, the fur seal 

population, and the temporal and 

spatial distribution of hunting effort. 

NMFS will consider public comments 

received in determining whether to 

proceed with the requested regulations 

revisions. Upon determining whether to 

initiate the requested rulemaking, the 

Assistant Administrator for Fisheries, 

will publish in the Federal Register the 

Agency’s notice of proposed rulemaking 

with a request for public comment. 

References 

Jemison, L.A., G.W. Pendleton, L.W. Fritz, 

K.K. Hastings, J.M. Maniscalco, A.W. 

Trites, and T.S. Gelatt. 2013. Interpopulation movements of Steller sea 

lions in Alaska with implications for 

population separation. PLoS ONE 

8(8):e70167. 

Jemison, L.A., G.W. Pendleton, K.K. Hastings, 

J.M. Maniscalco, and L.W. Fritz. 2018. 

Spatial distribution, movements, and 

geographic range of Steller sea lions 

(Eumetopias jubatus) in Alaska. PLoS 

ONE 13(12):e0208093. 

Muto, M.M., V.T. Helker, B.J. Delean, R.P. 

Angliss, P.L. Boveng, J.M. Breiwick, B.M. 

Brost, M.F. Cameron, P.J. Clapham, S.P. 

Dahle, M.E. Dahlheim, B.S. Fadely, M.C. 

Ferguson, L.W. Fritz, R.C. Hobbs, Y.V. 

Ivaschenko, A.S. Kennedy, J.M. London, 

S.A. Mizroch, R.R. Ream, E.L. Richmond, 

K.E.W. Shelden, K.L. Sweeney, R.G. 

Towell, P.R. Wade, J.M. Waite, and A.N. 

Zerbini. 2020. Alaska Marine Mammal 

Stock Assessments, 2019. U.S. Dept. of 

Commerce, National Oceanic and 

Atmospheric Administration, National 

Marine Fisheries Service, Alaska 

Fisheries Science Center, Seattle, WA, 

July 2020. NOAA Technical 

Memorandum NMFS–AFSC–404, 395 

pp. 

Dated: November 6, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2023–24829 Filed 11–8–23; 8:45 am] 

BILLING CODE 3510–22–P 

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. 

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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules 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: 

• 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. 

• 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-catchlimits-sector-allocation-andrecreational-fishing-seasons. 

FOR FURTHER INFORMATION CONTACT: Dan 

Luers, NMFS Southeast Regional Office, 

telephone: 727–824–5305, or email: 

daniel.luers@noaa.gov. 

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 postseason 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
77248 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules 

informing fisheries management. On 

January 26, 2022, NMFS notified the 

Council that gag was overfished and 

undergoing overfishing. The MagnusonStevens 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-statisticalmeetings/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: 

• Revise the maximum sustainable 

yield (MSY) proxy, OY, and status 

determination criteria (SDC); 

• 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; 

• Revise the commercial-recreational 

allocation of the stock ACL and set new 

commercial and recreational sector 

ACLs, sector ACTs, and commercial 

quota; 

• Modify the recreational AMs; and 

• 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 (FMAX). 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules 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

Year Stock ACL lb 

(kg) 

Com ACL lb 

(kg) 

Rec ACL lb 

(kg) 

Com ACT & Quota lb 

(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 

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 


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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 F40%SPR, where 

SPR is the ratio of SSB to its unfished 

state. The maximum fishing mortality 

threshold (MFMT) would be equal to 

F40%SPR. 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 FMAX, and the MFMT is 

FMAX. The MSST is defined as 50 

percent of the biomass at FMAX. The OY 

is defined as 75 percent of the yield at 

FMAX. 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 F40%SPR). 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) 


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TABLE 2—CURRENT AND PROPOSED OFLS AND ABCS FOR GAG—Continued 

Year OFL in pounds 

(kg) 

ABC in pounds 

(kg) 

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 reopen. 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 recordkeeping 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 MagnusonStevens 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 FMAX to the yield when fishing at 

F40%SPR. The definition of MFMT would 

change from being equal to FMAX to 

being equal to the fishing mortality at 

the FMSY proxy (e.g., F40%SPR). The 

definition of MSST would change from 

50 percent of BMAX to 50 percent of the 

biomass at MSY or its proxy. OY is 

currently defined as 75 percent of the 

yield at FMAX. 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 F40%SPR, 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 


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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 forhire 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 forhire 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 


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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 exvessel 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 forhire 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 forhire 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 


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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 forhire 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 F40%SPR, 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules 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 FMAX. 

However, as explained previously, use 

of FMAX as a proxy for FMSY 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 FMAX, and a 

commercial quota set at 86 percent of 

the commercial ACT. This alternative 

was not selected because it is based on 

FMAX, 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 

■ 1. The authority citation for part 622 

continues to read as follows: 

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


ddrumheller on DSK120RN23PROD with PROPOSALS1
77256 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules 

■ 2. In § 622.8, revise paragraph (c) to 

read as follows: 

§ 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. 

■ 3. In § 622.34, revise paragraph (e) to 

read as follows: 

§ 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. 

* * * * * 

■ 4. In § 622.39, revise paragraph 

(a)(1)(iii)(B) to read as follows: 

§ 622.39 Quotas. 

* * * * * 

(a) * * * 

(1) * * * 

(iii) * * * 

(B) Gag. See Table 1. 

TABLE 1 TO PARAGRAPH (a)(1)(iii)(B) 

Year Commercial quota in lb 

(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) 

* * * * * 

■ 5. In § 622.41, revise paragraph (d) to 

read as follows: 

§ 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 

§ 622.39(a)(1)(iii)(B). The IFQ program 

for groupers and tilefishes in the Gulf of 

Mexico in § 622.22 serves as the 

accountability measure for the 

commercial harvest of gag. 

TABLE 1 TO PARAGRAPH (d)(1) 

Year Commercial ACL in lb 

(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) 

Year Recreational ACL in lb 

(kg) 

Recreational ACT in lb 

(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 


ddrumheller on DSK120RN23PROD with PROPOSALS1