Rule2023-16442
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2023 Commercial Closure for Blueline Tilefish in the South Atlantic
Primary source
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Published
August 2, 2023
Effective
August 2, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS implements an accountability measure for blueline tilefish in the exclusive economic zone (EEZ) of the South Atlantic. NMFS estimates that commercial landings of blueline tilefish have reached the commercial annual catch limit (ACL) for the 2023 fishing year. Accordingly, NMFS closes the commercial sector for the harvest of blueline tilefish in the South Atlantic EEZ to protect the blueline tilefish resource from overfishing.
Full Text
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<title>Federal Register, Volume 88 Issue 147 (Wednesday, August 2, 2023)</title>
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[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Rules and Regulations]
[Page 50806]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16442]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140501394-5279-02;RTID 0648-XD176]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2023 Commercial Closure for Blueline Tilefish in the South Atlantic
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 blueline
tilefish in the exclusive economic zone (EEZ) of the South Atlantic.
NMFS estimates that commercial landings of blueline tilefish have
reached the commercial annual catch limit (ACL) for the 2023 fishing
year. Accordingly, NMFS closes the commercial sector for the harvest of
blueline tilefish in the South Atlantic EEZ to protect the blueline
tilefish resource from overfishing.
DATES: This temporary rule is effective from 12:01 a.m. eastern time on
August 2, 2023, through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#761b17040f5800170417361819171758111900"><span class="__cf_email__" data-cfemail="6a070b1813441c0b180b2a04050b0b440d051c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes blueline tilefish and is managed under the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (FMP). The South Atlantic Fishery Management Council and NMFS
prepared the FMP, and the FMP is implemented by NMFS under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All
weights in this temporary rule are given in round weight.
Regulations at 50 CFR 622.193(z)(1)(i) specify the commercial ACL
for blueline tilefish of 117,148 lb (53,137 kg), and the commercial
accountability measure for blueline tilefish. NMFS is required to close
the commercial sector when its ACL is reached, or is projected to be
reached, by filing a notification to that effect with the Office of the
Federal Register. NMFS estimates that for the 2023 fishing year,
commercial landings of blueline tilefish will reach the commercial ACL
by August 2, 2023. Accordingly, the commercial sector for South
Atlantic blueline tilefish is closed effective at 12:01 a.m. eastern
time on August 2, 2023, through December 31, 2023.
During the commercial closure, all sale or purchase of blueline
tilefish is prohibited. While the recreational harvest of blueline
tilefish is open, harvest of blueline tilefish in or from the South
Atlantic EEZ is limited to the recreational bag and possession limits
specified in 50 CFR 622.187. The bag and possession limits for blueline
tilefish apply in state or Federal waters of the South Atlantic on a
vessel for which NMFS has issued a valid commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(z)(1)(i), 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 are unnecessary and contrary to the public interest. Such
procedures are unnecessary because the regulations associated with the
closure of the blueline tilefish commercial sector at 50 CFR
622.193(z)(1)(i) 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 blueline tilefish, because the capacity of the
fishing fleet allows for rapid harvest of the commercial ACL. Prior
notice and opportunity for public comment would require time and would
potentially result in a harvest well in excess of the established
commercial ACL.
For the reasons stated earlier, the Assistant Administrator 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: July 27, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-16442 Filed 7-28-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 2, 2023.
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