Rule2023-10973
Reef Fish Fishery of the Gulf of Mexico; 2023 Recreational Accountability Measure and Closure for Gulf of Mexico Red Grouper
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 23, 2023
Effective
July 21, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS implements an accountability measure (AM) for the red grouper recreational sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2023 fishing year through this temporary rule. NMFS has projected that the 2023 recreational annual catch target (ACT) for Gulf red grouper will have been reached by July 21, 2023. Therefore, NMFS closes the recreational sector for Gulf red grouper on July 21, 2023, and it will remain closed through the end of the fishing year on December 31, 2023. This closure is necessary to protect the Gulf red grouper resource.
Full Text
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<title>Federal Register, Volume 88 Issue 99 (Tuesday, May 23, 2023)</title>
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[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Rules and Regulations]
[Pages 32976-32977]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10973]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100217095-2081-04]
RTID 0648-XD019
Reef Fish Fishery of the Gulf of Mexico; 2023 Recreational
Accountability Measure and Closure for Gulf of Mexico Red Grouper
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS implements an accountability measure (AM) for the red
grouper recreational sector in the exclusive economic zone (EEZ) of the
Gulf of Mexico (Gulf) for the 2023 fishing year through this temporary
rule. NMFS has projected that the 2023 recreational annual catch target
(ACT) for Gulf red grouper will have been reached by July 21, 2023.
Therefore, NMFS closes the recreational sector for Gulf red grouper on
July 21, 2023, and it will remain closed through the end of the fishing
year on December 31, 2023. This closure is necessary to protect the
Gulf red grouper resource.
DATES: This temporary rule is effective from 12:01 a.m., local time, on
July 21, 2023, until 12:01 a.m., local time, on January 1, 2024.
FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional
Office, telephone: 727-551-5719, email: <a href="/cdn-cgi/l/email-protection#0c686d62656960226079697e7f4c62636d6d226b637a"><span class="__cf_email__" data-cfemail="b0d4d1ded9d5dc9edcc5d5c2c3f0dedfd1d19ed7dfc6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery,
which includes red grouper, under the Fishery Management Plan for the
Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared
by the Gulf of Mexico Fishery Management Council and is implemented by
NMFS under the authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) through regulations at 50 CFR
part 622. All red grouper weights discussed in this temporary rule are
in gutted weight.
Following a recent red grouper stock assessment, NMFS implemented
Amendment 53 to the FMP (87 FR 25573, May 2, 2022). Among other
measures, that amendment changed the units to estimate recreational red
grouper catch from the Marine Recreational Information Program (MRIP)
Coastal Household Telephone Survey to the MRIP Fishing Effort Survey
(FES). It also revised sector catch limits, resulting in a recreational
annual catch limit (ACL) of 1.73 million lb (0.78 million kg) and a
recreational annual catch target (ACT) of 1.57 million lb (0.71 million
kg)(50 CFR 622.41(e)(2)(iv)) (in MRIP FES units). Subsequent to the
final rule for Amendment 53, NMFS implemented a final rule for a
framework action to the FMP (87 FR 40742, July 8, 2022), which further
revised the red grouper recreational ACL to 2.02 million lb (0.92
million kg) and the ACT to 1.84 million lb (0.83 million kg).
The Gulf red grouper recreational ACL (50 CFR 622.41(e)(2)(iv)) was
exceeded in 2022 by approximately 0.70 million lb (0.32 million kg). As
specified in 50 CFR 622.41(e)(2)(ii), in the year following a
recreational ACL overage, NMFS is required to reduce the length of the
following year's recreational fishing season by the amount necessary to
ensure that the recreational ACT is not exceeded in that following
year.
NMFS projects that the 2023 recreational ACT for Gulf red grouper
of 1.84 million lb (0.83 million kg) will be reached as of July 21,
2023. This closure date is based on projected harvest rates using the
average of recreational landings from 2021 and 2022. NMFS chose to use
a 2-year average of harvest rates because it is most representative of
current conditions. NMFS also chose to be conservative in setting the
2023 recreational season by using the 2-year average, which results in
a shorter season than projected by using a 3-year average or using only
2022 landings. NMFS determined that it was appropriate to act
conservatively because recreational harvest exceeded the red grouper
recreational ACL by 72 percent in 2021 and by 35 percent in 2022.
Accordingly, this temporary rule closes the recreational sector for
Gulf red grouper effective at 12:01 a.m., local time, on July 21, 2023,
through the end of the fishing year on December 31, 2023.
During the recreational closure, the bag and possession limits for
red grouper in or from the Gulf EEZ are zero. The prohibition on
possession of Gulf red grouper also applies in Gulf state waters for
any vessel issued a valid Federal charter vessel/headboat permit for
Gulf reef fish.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(e)(2)(i) and
(ii), which was issued pursuant to section 304(b) of the Magnuson-
Stevens Act, and is exempt from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment is unnecessary and contrary to the public interest. Such
procedures are unnecessary because the regulations associated with the
closure of the red grouper recreational sector at 50 CFR
622.41(e)(2)(i) and (ii) have already been subject to notice and public
comment, and all that remains is to notify the public of the closure.
Prior notice and opportunity for public comment are
[[Page 32977]]
contrary to the public interest because there is a need to immediately
implement this action to protect the red grouper stock. Prior notice
and opportunity for public comment would require time and could result
in a harvest well in excess of the established ACT. In addition, many
charter vessel/headboat operations book trips for clients in advance
and require as much notice as NMFS is able to provide to adjust their
business plans to account for the recreational fishing season.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 18, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-10973 Filed 5-18-23; 4:15 pm]
BILLING CODE 3510-22-P
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