Rule2023-22048
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of the Commercial Sector for Red Snapper 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 6, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the re-opening of the commercial sector for red snapper in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. The most recent data for commercial landings of red snapper 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 red snapper in the South Atlantic EEZ for 4 days. The purpose of this temporary rule is to allow for the red snapper commercial ACL to be harvested while minimizing the risk of exceeding the commercial ACL.
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 68496-68497]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22048]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004515-3608-02; RTID 0648-XD408]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Re-Opening of the Commercial Sector for Red Snapper 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 red
snapper in the exclusive economic zone (EEZ) of the South Atlantic
through this temporary rule. The most recent data for commercial
landings of red snapper 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 red snapper in the South
Atlantic EEZ for 4 days. The purpose of this temporary rule is to allow
for the red snapper commercial ACL 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
October 6, 2023, until 12:01 a.m. eastern time October 10, 2023.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#5e333f2c2770283f2c3f1e30313f3f70393128"><span class="__cf_email__" data-cfemail="9df0fcefe4b3ebfceffcddf3f2fcfcb3faf2eb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes red snapper 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.
The commercial ACL for red snapper in the South Atlantic is 124,815
lb (56,615 kg) as specified at 50 CFR 622.193(y)(1).
Under 50 CFR 622.193(y)(1), NMFS is required to close the
commercial sector for red snapper when the commercial ACL is reached,
or is projected to be reached, by filing a notification to that effect
with the Office of the Federal Register. For the 2023 fishing year,
NMFS had already projected that commercial landings of red snapper
would reach the commercial ACL on August 18, 2023, and therefore closed
commercial harvest for the rest of the 2023 fishing year on that date
(88 FR 55585, August 16, 2023). However, a recent update of commercial
landings data indicates that the commercial ACL for red snapper was not
reached on August 18, 2023.
In accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the
commercial sector for red snapper on October 6, 2023. The commercial
sector will be open for 4 days or through October 9, 2023, to allow for
the commercial ACL to be reached. The commercial sector will close
again on October 10, 2023, and remain closed through December 31, 2023.
For the 2024 fishing year, unless otherwise specified, the commercial
season will begin on the second Monday in July (50 CFR
622.183(b)(5)(i)). NMFS has determined that this re-opening will allow
for an additional opportunity to commercially harvest red snapper 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 having red snapper on board
must have landed and bartered, traded, or sold such red snapper prior
to 12:01 a.m., eastern time, on October 10, 2023. During the subsequent
commercial closure from October 10, 2023, through December 31, 2023,
all sale or purchase of red snapper is prohibited. Because the
recreational sector closed on July 16, 2023 (88 FR 33838, May 25,
2023), after the commercial closure that is effective on October 10,
2023, all harvest and possession of red snapper in or from the South
Atlantic EEZ is prohibited for the remainder of the 2023 fishing year.
[[Page 68497]]
On and after the effective date of the closure notification, all
sale or purchase of red snapper is prohibited. This prohibition on the
harvest, possession, sale or purchase applies in the South Atlantic on
a vessel for which a valid Federal commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued,
regardless if such species were harvested or possessed in state or
Federal waters (50 CFR 622.193(y)(1) and 622.181(c)(2)).
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 red snapper 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 these same reasons, 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 29, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-22048 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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