Rule2023-13189
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2023 Commercial Closure for Gulf of Mexico Greater Amberjack
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
June 21, 2023
Effective
June 18, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS implements an accountability measure for commercial greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for the 2023 fishing year through this temporary rule. NMFS has determined that Gulf greater amberjack landings have exceeded the commercial annual catch target (ACT). Therefore, the commercial fishing season for greater amberjack in the Gulf exclusive economic zone (EEZ) will close on June 18, 2023, and the sector will remain closed until the start of the next commercial fishing season on January 1, 2024. This closure is necessary to protect the Gulf greater amberjack resource.
Full Text
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<title>Federal Register, Volume 88 Issue 118 (Wednesday, June 21, 2023)</title>
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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Rules and Regulations]
[Page 40121]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13189]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 1206013412-2517-02]
RTID 0648-XD065
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2023 Commercial Closure for Gulf of Mexico Greater Amberjack
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 for commercial
greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for
the 2023 fishing year through this temporary rule. NMFS has determined
that Gulf greater amberjack landings have exceeded the commercial
annual catch target (ACT). Therefore, the commercial fishing season for
greater amberjack in the Gulf exclusive economic zone (EEZ) will close
on June 18, 2023, and the sector will remain closed until the start of
the next commercial fishing season on January 1, 2024. This closure is
necessary to protect the Gulf greater amberjack resource.
DATES: This rule is effective 12:01 a.m., local time, June 18, 2023,
until 12:01 a.m., local time, January 1, 2024.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast
Regional Office, telephone: 727-824-5305, or email:
<a href="/cdn-cgi/l/email-protection#b8f3ddd4d4d196f7fcd7d6d6ddd4d4f8d6d7d9d996dfd7ce"><span class="__cf_email__" data-cfemail="a9e2ccc5c5c087e6edc6c7c7ccc5c5e9c7c6c8c887cec6df">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS manages the reef fish fishery of the
Gulf, which includes greater amberjack, under the Fishery Management
Plan for the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico
Fishery Management Council (Council) prepared the FMP and NMFS
implements the FMP under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) by regulations
at 50 CFR part 622. All greater amberjack weights discussed in this
temporary rule are in round weight.
On June 15, 2023, NMFS published the final rule implementing
Amendment 54 to the FMP (88 FR 39193). Among other measures, that final
rule decreased the commercial annual catch limit (ACL) and quota
(commercial ACT) for Gulf greater amberjack. Effective on the date of
publication of the Amendment 54 final rule, the commercial greater
amberjack ACL and ACT for the 2023 fishing year are 101,000 lb (45,813
kg) and 93,930 lb (42,606 kg), respectively (50 CFR 622.41(a)(1)(iii)
and 622.39(a)(1)(v)).
Under 50 CFR 622.41(a)(1)(i), NMFS is required to close the greater
amberjack commercial sector when the commercial ACT is reached, or is
projected to be reached, by filing a notification to that effect with
the Office of the Federal Register. NMFS has determined that the
commercial ACT of 93,930 lb (42,606 kg) has been exceeded. Accordingly,
NMFS closes commercial harvest of greater amberjack from the Gulf EEZ
effective 12:01 a.m., local time, June 18, 2023, until 12:01 a.m.,
local time, January 1, 2024.
During the commercial closure, the sale or purchase of greater
amberjack taken from the EEZ is prohibited. The prohibition on sale or
purchase does not apply to the sale or purchase of greater amberjack
that were harvested, landed ashore, and sold prior to 12:01 a.m., local
time, June 18, 2023, and were held in cold storage by a dealer or
processor. The commercial sector for greater amberjack will re-open on
January 1, 2024, the beginning of the 2024 greater amberjack commercial
fishing season.
During the commercial closure, the bag and possession limits
specified in 50 CFR 622.38(b)(1) apply to all harvest or possession of
greater amberjack in or from the Gulf EEZ. However, for the current
2022-2023 recreational fishing year of August 1, 2022, through July 31,
2023, the recreational fishing season is closed for the remainder of
the current fishing year, or through July 31, 2023. Therefore, through
July 31, 2023, the bag and possession limits for greater amberjack in
or from the Gulf EEZ are zero. The recreational season will reopen on
August 1, 2023, the start of the next recreational fishing year.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(a)(1), 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 greater amberjack commercial sector 50 CFR 622.41(a)(1)
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 contrary to the public interest
because there is a need to immediately implement this action to protect
the greater amberjack stock. Prior notice and opportunity for public
comment would require time and could result in a harvest well in excess
of the commercial ACL. NMFS is required to reduce the 2024 ACT and ACL
by the amount of any overage of the 2023 commercial ACL, which would
reduce the 2024 fishing season.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in the effectiveness of this action under 5
U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: June 15, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-13189 Filed 6-15-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on June 21, 2023.
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