Rule2023-21914
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2023 Commercial and Recreational Closures for Gag 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
October 4, 2023
Effective
October 23, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS implements accountability measures for gag in the exclusive economic zone (EEZ) of the South Atlantic. NMFS estimates that both commercial and recreational landings of gag have reached the respective new commercial and recreational annual catch limits (ACLs) for the 2023 fishing year. Accordingly, NMFS will close both the commercial and recreational sectors for the harvest and possession of gag in the South Atlantic EEZ to protect the gag resource from overfishing.
Full Text
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<title>Federal Register, Volume 88 Issue 191 (Wednesday, October 4, 2023)</title>
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[Federal Register Volume 88, Number 191 (Wednesday, October 4, 2023)]
[Rules and Regulations]
[Pages 68497-68498]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21914]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230914-0219]
RTID 0648-XD411
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2023 Commercial and Recreational Closures for Gag 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 accountability measures for gag in the
exclusive economic zone (EEZ) of the South Atlantic. NMFS estimates
that both commercial and recreational landings of gag have reached the
respective new commercial and recreational annual catch limits (ACLs)
for the 2023 fishing year. Accordingly, NMFS will close both the
commercial and recreational sectors for the harvest and possession of
gag in the South Atlantic EEZ to protect the gag resource from
overfishing.
DATES: This temporary rule is effective from 12:01 a.m. eastern time on
October 23, 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#e78a86959ec991869586a789888686c9808891"><span class="__cf_email__" data-cfemail="f09d918289de86918291b09e9f9191de979f86">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes gag 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 gutted weight.
NMFS recently published the final rule to implement Amendment 53 to
the FMP (88 FR 65135, September 21, 2023). For gag, Amendment 53
reduced the sector ACLs, and revised commercial trip limits,
recreational bag, vessel, and possession limits, and recreational
accountability measures (AMs). For the 2023 fishing year, Amendment 53
reduced the commercial ACL from 374,519 lb (169,879 kg) to 85,326 lb
(38,703 kg) and reduced the recreational ACL from 359,832 lb (171,807
kg) to 90,306 lb (40,962 kg). Amendment 53 also established a
rebuilding plan for gag, and revised the overfishing levels, acceptable
biological catch, annual optimum yield, and sector allocations for gag.
The final rule for Amendment 53 is effective October 23, 2023.
Gag Commercial Sector
On October 23, 2023, the revised commercial ACL (commercial quota)
for the 2023 fishing year for gag will be 85,326 lb (38,703 kg). The
commercial AM for gag requires NMFS 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
gag have reached, and already exceeded, the revised commercial ACL.
Accordingly, the harvest and possession of South Atlantic gag for the
commercial sector is closed effective at 12:01 a.m. eastern time on
October 23, 2023, through December 31, 2023.
During the commercial closure, the sale or purchase of gag taken
from the South Atlantic EEZ is prohibited. The operator of a vessel
with a valid Federal commercial vessel permit for South Atlantic
snapper-grouper with gag on board must have landed and bartered,
traded, or sold such gag before October 23, 2023. The prohibition on
sale or purchase does not apply to the sale or purchase of gag that
were harvested, landed ashore, and sold before October 23, 2023, and
were held in cold storage by a dealer or processor. Additionally, the
recreational bag and possession limits and the sale and purchase
prohibitions for gag under the commercial closure apply in the South
Atlantic on board a vessel for which a valid Federal commercial or
charter vessel/headboat permit for South Atlantic snapper-grouper has
been issued, regardless of whether the gag are harvested in state or
Federal waters, as specified in 50 CFR 622.190(c)(1).
Additionally, the commercial AM at 50 CFR 622.193(c)(1)(ii)
specifies that if the commercial ACL is exceeded, and the combined
commercial and recreational ACL specified at 50 CFR 622.193(c)(3) is
exceeded, and gag are overfished, then NMFS will reduce the commercial
ACL in the following fishing year by the amount of the commercial ACL
overage in the prior fishing year. NMFS will evaluate whether it is
necessary for the 2024 commercial ACL to be reduced by the amount of
the 2023 commercial ACL overage once NMFS has finalized 2023 commercial
landings information. If necessary, NMFS will publish a notice for any
2024 commercial ACL reduction in the Federal Register.
Gag Recreational Sector
On October 23, 2023, the revised recreational ACL for the 2023
fishing year for gag will be 90,306 lb (40,962 kg). The recreational AM
for gag requires NMFS to close the recreational 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, recreational landings of gag have
reached and already exceeded the
[[Page 68498]]
revised recreational ACL. Accordingly, the harvest and possession of
South Atlantic gag for the recreational sector is closed effective at
12:01 a.m. eastern time on October 23, 2023, through December 31, 2023.
During the recreational closure, the bag and possession limits for gag
in or from the South Atlantic EEZ are zero.
Additionally, the revised recreational AM at 50 CFR
622.193(c)(2)(ii) as implemented through the final rule to implement
Amendment 53 to the FMP (88 FR 65135, September 21, 2023), specifies
that if the recreational ACL is exceeded, then NMFS will reduce the
recreational fishing season in the following fishing year to prevent
the recreational ACL from being exceeded, and NMFS will use the best
scientific information available to determine if reducing the length of
the recreational season is necessary. Therefore, once the 2023
recreational landings information has been finalized, NMFS will
evaluate if it is necessary for the 2024 recreational fishing season to
be reduced based on 2023 landings. If a fishing season reduction is
necessary, NMFS will publish a notice for any 2024 recreational fishing
season reduction or associated recreational fishing season closure in
the Federal Register.
January Through April Gag Seasonal Closure
Additionally, a seasonal closure is in place for the commercial and
recreational sectors for gag and associated grouper species from
January through April each fishing year as specified in 50 CFR
622.183(b)(1). During this seasonal closure for the recreational and
commercial sectors for gag from January through April each fishing
year, no person may fish for, harvest, or possess any gag in or from
the South Atlantic EEZ. Therefore, the commercial and recreational
harvest of gag will not commence until May 1, 2024.
Classification
NMFS issues these actions pursuant to section 305(d) of the
Magnuson-Stevens Act. These actions are required by 50 CFR
622.193(c)(1)(i) and the revised measures at 50 CFR 622.193(c)(2)(i) as
implemented through the final rule to implement Amendment 53 to the FMP
(88 FR 65135, September 21, 2023), which were issued pursuant to
section 304(b) of the Magnuson-Stevens Act, and are 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 these actions, as
notice and comment are unnecessary and contrary to the public interest.
Such procedures are unnecessary because the regulations associated with
the closures of the gag commercial sector and the gag recreational
sector have already been subject to notice and public comment, and all
that remains is to notify the public of the sector closures. Prior
notice and opportunity for public comment are contrary to the public
interest because there is a need to implement these actions as soon as
possible to protect gag, because the capacity of the fishing fleet
allows for rapid harvest of the commercial and recreational ACLs. Prior
notice and opportunity for public comment would require time and would
potentially result in continued harvest in excess of the established
commercial and recreational ACLs. Given the large reductions in the
commercial and recreational harvest levels resulting from the
implementation of Amendment 53, NMFS wants to provide as much notice of
these sector closures as possible to allow fishers time to prepare for
changes to their fishing seasons.
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: September 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-21914 Filed 9-29-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 4, 2023.
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