Rule2023-19450
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of the Commercial Sector for Blueline Tilefish in the South Atlantic
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
September 8, 2023
Effective
September 11, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the re-opening of the commercial sector for blueline tilefish in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. The most recent data for commercial landings of blueline tilefish indicate the commercial annual catch limit (ACL) for the 2023 fishing year has not yet been reached. Therefore, NMFS re-opens the commercial sector to harvest blueline tilefish in the South Atlantic EEZ for 6 days. The purpose of this temporary rule is to allow for the commercial ACL of blueline tilefish to be harvested while minimizing the risk of exceeding the commercial ACL.
Full Text
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<title>Federal Register, Volume 88 Issue 173 (Friday, September 8, 2023)</title>
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[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Rules and Regulations]
[Pages 61984-61985]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19450]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140501394-5279-02; RTID 0648-XD317]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Re-Opening of the Commercial Sector for Blueline Tilefish in the South
Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; re-opening.
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SUMMARY: NMFS announces the re-opening of the commercial sector for
blueline tilefish in the exclusive economic zone (EEZ) of the South
Atlantic through this temporary rule. The most recent data for
commercial landings of blueline tilefish indicate the commercial annual
catch limit (ACL) for the 2023 fishing year has not yet been reached.
Therefore, NMFS re-opens the commercial sector to harvest blueline
tilefish in the South Atlantic EEZ for 6 days. The purpose of this
temporary rule is to allow for the commercial ACL of blueline tilefish
to be harvested while minimizing the risk of exceeding the commercial
ACL.
DATES: This temporary rule is effective from 12:01 a.m. eastern time on
September 11, 2023, through September 16, 2023.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#0964687b70277f687b684967666868276e667f"><span class="__cf_email__" data-cfemail="6805091a11461e091a092806070909460f071e">[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 FMP was prepared by the South Atlantic Fishery
Management Council (Council) and 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. Recently in this 2023 fishing year, NMFS projected
that commercial landings of blueline tilefish would reach the
commercial ACL on August 2, 2023, and therefore closed commercial
harvest for the rest of the year on that date (88 FR 50806, August 2,
2023). However, a recent update of commercial landings data indicates
that the commercial ACL for blueline tilefish was not reached on August
2, 2023.
In accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the
commercial sector for blueline tilefish on September 11, 2023. The
commercial sector will be open for 6 days or through September 16,
2023, to allow for the commercial ACL to be reached. The commercial
sector will close again on September 17, 2023, and remain closed until
January 1, 2024, the start of the next fishing year. NMFS has
determined that this re-opening will allow for an additional
opportunity to commercially harvest blueline tilefish while reducing
the risk of exceeding the commercial ACL.
The operator of a vessel with a valid Federal commercial vessel
permit for South Atlantic snapper-grouper with blueline tilefish on the
vessel must have landed and bartered, traded, or sold such blueline
tilefish before September 17, 2023. During the subsequent commercial
closure from September 17 through the rest of 2023, all sale or
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purchase of blueline tilefish is prohibited. The recreational sector
for blueline tilefish in the South Atlantic EEZ is closed each year
from January 1 through April 30, and from September 1 through December
31, and during these periods the bag and possession limits for blueline
tilefish in or from the South Atlantic EEZ are zero. Additionally,
these bag and possession limits apply to the harvest of blueline
tilefish in both state and Federal waters in the South Atlantic on a
vessel with a valid Federal 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 taken under 50 CFR 622.8(c), 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. Such procedure is unnecessary, because the
regulations associated with the commercial ACL of blueline tilefish and
a re-opening to provide an opportunity for the commercial ACL to be
harvested have already been subject to notice and public comment, and
all that remains is to notify the public of the commercial sector re-
opening.
For the reasons stated earlier, the Assistant Administrator for
Fisheries 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: September 5, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-19450 Filed 9-5-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 8, 2023.
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