Request for Comments on an Amendment to Revise the Gulf of Mexico Red Grouper Sector Allocations, Catch Limits, and Catch Targets

Key Messages:

• NOAA Fisheries is requesting public comment on an amendment to revise the Gulf of Mexico red grouper sector allocations, sector annual catch limits, and sector annual catch targets.
• Amendment 53 to the Fishery Management Plan for the Reef Fish Resources in the Gulf of Mexico (Amendment 53) would:
  • Modify the allocation of Gulf of Mexico red grouper catch between the commercial and recreational sectors,
  • Specify a new overfishing limit and acceptable biological catch, and
  • Set sector annual catch limits and sector annual catch targets.
• The Gulf of Mexico Fishery Management Council sent the amendment to NOAA Fisheries to seek public comment and final approval.
• NOAA Fisheries requests your comments regarding the changes this amendment would make to Gulf of Mexico red grouper management in federal waters.  Comments are due by February 7, 2022.
• NOAA Fisheries will also publish a proposed rule to implement the annual catch limits and annual catch targets and will send another fishery bulletin to request comments at that time.  Comments on both the amendment and proposed rule will be considered in the final rule. 
• Although the most recent Gulf of Mexico red grouper population assessment did not show red grouper was undergoing overfishing (too many fish being caught) or overfished (the population is too low), the assessment did find the population was below a level that could support the optimal harvest. 
• Additionally, there is evidence the Gulf of Mexico red grouper population has been hurt by recent red tide events along the west Florida shelf.

Summary of Proposed Changes:

• Revise the Gulf of Mexico red grouper allocation from 76% commercial and 24% recreational, to 59.3% commercial and 40.7% recreational,
• Revise the recreational annual catch target buffer from 8% to 9%, and
• Revise the overfishing limit, acceptable biological catch, sector annual catch limits, and sector annual catch targets as indicated in Table 1 below.

Table 1.  Current and proposed overfishing limit (OFL), acceptable biological catch (ABC), population (stock) ACL, sector annual catch limits (ACL), and sector annual catch targets (ACT) in million pounds gutted weight.  Note that current recreational ACLs and ACTs are in Marine Recreational Information Program (MRIP) Coastal Household Telephone Survey units and the proposed recreational ACLs and ACTs are in MRIP Fishing Effort Survey (MRIP-FES) units.  The reduction shows the percent change in the proposed commercial and recreational ACLs and ACTs where recreational values are in MRIP-FES units. 

How to Comment On the Notice of Availability:

The comment period for the notice of availability of the amendment is open now through February 7, 2022.  You may submit comments by electronic submission or by postal mail.  Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries. 

Formal Federal Register Name/Number:  86 FR 70078, published December 9, 2021.

Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. 

1. Go to: https://www.regulations.gov/document/NOAA-NMFS-2021-0098-0002.

2. Click the "Comment Now!" icon, complete the required fields.

3. Enter or attach your comments.

Mail: Submit written comments to Peter Hood, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

Frequently Asked Questions (FAQs)

What is NOAA Fisheries announcing today?

• NOAA Fisheries is announcing a public comment period for an amendment to revise the Gulf of Mexico red grouper sector allocations, annual catch limits and annual catch targets.
• The comment period is open from December 9, 2021, through February 7, 2022.
• The Gulf of Mexico Fishery Management Council sent the amendment to NOAA Fisheries to seek public comment and final approval.
• This action sets the Gulf of Mexico red grouper allocation between the commercial and recreational sectors, as well as sector specific annual catch limits and annual catch targets consistent with the Gulf of Mexico Fishery Management Council’s Scientific and Statistical Committee’s overfishing limit and acceptable biological catch recommendations. 

What are the proposed sector annual catch limits and annual catch targets and how were they determined?

• The sector annual catch limits were determined by applying the new allocation of 59.3% commercial and 40.7% recreational to the population (stock) annual catch limit.
• For the commercial sector, the annual catch target was maintained at 5% below the commercial annual catch limit to allow for Gulf of Mexico red grouper and gag multi-use shares to be used in the individual fishing quota program.
• For the recreational sector, the buffer between the annual catch target and annual catch limit was determined by the Gulf of Mexico Fishery Management Council’s annual catch limit and annual catch target control rule.
  • The control rule uses a number of factors about recreational harvest.  
  • The control rule recommended the buffer be changed from 8% to 9%.

Why does this action propose that the recreational sector should have a higher percentage of the annual catch limit?

• The Southeast Data, Assessment, and Review (SEDAR) population assessment for Gulf of Mexico red grouper (SEDAR 61, 2019) used updated recreational catch and effort data from the Marine Recreational Information Program Access Point Angler Intercept Survey and Fishing Effort Survey, which collectively estimate larger than previously calculated catch and effort for the recreational sector. 
• Because Marine Recreational Information Program Fishing Effort Survey was used in the Gulf of Mexico red grouper SEDAR 61 population assessment, estimates of historic recreational landings were greater than in previous assessments.
• Therefore, when comparing recreational and commercial landings, recreational landings were proportionately larger that past comparisons.

Why did the Gulf of Mexico Fishery Management Council recommend changing the allocation between the commercial and recreational sectors?

• A Gulf of Mexico red grouper population assessment was completed in late 2019 through the SEDAR process.
• The Gulf of Mexico Fishery Management Council decided to use the same years of landings used to set the current allocation of 76% to the commercial sector and 24% to the recreational sector to represent historic participation in the reef fish fishery (1986 through 2005).  
• The Gulf of Mexico Fishery Management Council used a new recreational survey to estimate 1986 through 2005 landings (see question above).
• This new survey was used in the population assessment and estimates higher recreational effort and landings than previous surveys.
• Using the new survey led to proportionally more recreational fish being caught when compared to commercial landings.
• The resulting allocation is 59.3% to the commercial sector and 40.7% to the recreational sector.

What are the next steps?

• The public comment period for the notice of availability is open for 60 days, from December 9, 2021, through February 7, 2022.
• NOAA Fisheries will also solicit public comment for 45 days when the proposed rule publishes.  The proposed rule and notice of availability comment periods may overlap each other.
• NOAA Fisheries will address comments received in the final rule.
• NOAA Fisheries will issue a fishery bulletin alerting constituents to any regulatory changes being implemented and advising of a 30-day cooling off period providing time to prepare for the new regulations.

What is the difference between the recreational surveys used to estimate recreational landings?

• NOAA Fisheries created Marine Recreational Fisheries Statistical Survey in 1979 to estimate recreational landings and began collecting recreational data on catch and effort, including red grouper, since 1981.
• The Marine Recreational Fisheries Statistical Survey included both telephone surveys and interviews at marinas and other points where recreational anglers fish. 
• In 2008, Marine Recreational Information Program replaced Marine Recreational Fisheries Statistical Survey to meet increasing demand for more precise, accurate, and timely recreational catch estimates.  The Marine Recreational Information Program included: telephone surveys of households and for-hire vessel operators that collected information about recreational fishing activity; and an angler intercept survey that collected information about the fish that were caught. 
• In 2013, the Marine Recreational Information Program began using Access Point Angler Intercept Survey, which was designed to address concerns that trips recorded during a given time period are representative of trips for a full day.  
• Beginning in 2015, Marine Recreational Information Program Coastal Household Telephone Survey moved to the new Marine Recreational Information Program  Fishing Effort Survey mail survey to overcome issues that arose from shifts in phone usage as cellular telephones became more popular.
• The mail-based Fishing Effort Survey uses angler license and registration information to identify and contact anglers.
• Because the Fishing Effort Survey and the Coastal Household Telephone Survey are so different, NOAA Fisheries conducted side-by-side testing of the two methods from 2015 to 2017 to develop a calibration model. 
• In general, total recreational fishing effort estimates generated from the Fishing Effort Survey are higher — and in some cases substantially higher — than the Coastal Household Telephone Survey estimates because the Fishing Effort Survey is designed to more accurately measure fishing activity than the Coastal Household Telephone Survey, not because there was a sudden rise in fishing effort. 
• NOAA Fisheries developed a calibration model to adjust historic effort estimates so that they can be accurately compared to new estimates from the Fishing Effort Survey.
• More information on recreational survey methods can be found at https://www.fisheries.noaa.gov/topic/recreational-fishing-data.

Where can I find more information on Amendment 53?

• Contact NOAA Fisheries, Southeast Regional Office

By Mail: Peter Hood

NOAA Fisheries, Southeast Regional Office

Sustainable Fisheries Division

263 13th Avenue South

St. Petersburg, Florida 33701-5505

By FAX: (727) 824-5308

By Phone: (727) 824-5305

• Amendment 53 and the Notice of Availability may be found online at the NOAA Fisheries Southeast Regional Office Web site at:  https://www.fisheries.noaa.gov/action/amendment-53-red-grouper-allocations-and-catch-levels.

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